Written Description: A State of Uncertainty

by John Bailey, John Heithaus, and Ohireime Eromosele | World Intellectual Property Review

As the bounds of antibody written description have yet to be clarified in the US, what can applicants do to protect their inventions?

Substantial growth continues to occur in biological pharmaceutical product sales. The largest biologics market is North America, which accounted for 44.89% of the global market in 2016. Currently, biologics account for as much as 40% of prescription drug spending in the US. The global biologics market is predicted to expand at a compounded annual growth rate of 10.9% between 2016 and 2024 to $480 billion. The biologics market is dominated by monoclonal antibodies with a share of 43%.

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