Canadian Ruling Supports “Antibody Exception”

In my recent post on the Centocor v. Abbott decision, I noted that the Fed. Cir. had at least preserved the “antibody exception,” which I define as permitting broad claims to structurally uncharacterized antibodies (monoclonal and polyclonal) if the structure of the antigen is known (and preferably is novel) and methods of preparing the antibodies are routine. This dicta has been recently “followed” by the Canadian Patent Appeal Board in an appeal involving Immunex.

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