Therapeutic antibodies are a big business. The FDA has approved more than 30 antibodies for marketing. This includes several blockbuster biopharmaceuticals. PatentPC assists clients in this industry to manage intellectual property issues and ensures they are able to navigate development hurdles while achieving ambitious financial goals.
Immunotherapy is one of the most promising ways to cure a variety of diseases, from autoimmune disorders to cancer. The IP landscape for therapeutic antibodies is highly competitive and complex. PatentPC’ legal team has the technical knowledge and legal expertise to protect patents, launch new products, and litigate disputes in any location.
These strategic issues are worth considering:
Patents do not give the patent holder an affirmative right to use the patented technology. A patent only gives the right to prohibit others from using the technology. There is a possibility that companies could unwittingly violate a third-party patent by making, using, or selling patented technology. As innovators attempt to commercialize their proprietary antibody technologies, there have been a lot of third-party patents.
The breakthrough technologies that were developed more than a decade ago are responsible for many of the recent therapeutic antibodies. These technologies are no longer considered revolutionary, but they become more widespread and more accepted by the industry. This has made it more difficult to argue for the patentability of these products. This can be addressed by companies adopting a well-planned filing plan that seeks out to time the filing of new patent applications in a way that minimizes the threat posed to their prior patents while maximizing patent terms for potentially disruptive products. Innovators can still obtain patents for new inventions that are related to a valuable antibody product if they have a well-planned patent lifecycle management strategy.
Congress and courts are constantly changing the legal environment in which antibody patents can be obtained and enforced. Recent decisions of the U.S. Supreme Court could affect the patentability of recombinant antibody patents, as well as patent holders’ rights to license their technology or prohibit others from using it. PatentPC has skilled lawyers with industry experience and technical knowledge to assist innovators in therapeutic antibody industries.