Means-Plus-Function and Antibody Patent Claims: Preparing, Defending, and Enforcing MPF Claims

Description

The global antibodies market in 2021 was valued at $230 billion and is expected to grow to over $850 billion by 2030. As a result, antibody U.S. patents are some of the most valuable patents. However, as a result of recent decisions, these U.S. patents are vulnerable to being struck down. Nearly all technological fields use means-plus-function (MPF) claiming. MPF claims, often perceived as narrow, may more protection for U.S. antibody patent applicants than other types of more traditional claims.

MPF claiming allows for claims to define at least part of the invention as a means for function, with, as a best practice, linking the means to structure, materials, or acts in the specification for defining the “means for” aspect of the claim to the linked information to cover both the linked information and statutory literal equivalents thereof. Such claiming may permit counsel to link to that information without any issue of whether or not Festo precludes literal infringement.

In our experience, MPF claims, often best presented in a separate U.S. patent application, provide another nonexclusive tool for strong U.S. patent coverage. Counsel should take care to make complete linking to the specification to lessen the risk that, by failure to adequately identify the linked structure, materials, or acts in the specification corresponding to the claimed function under a 112(f) scenario may result in an invalidated indefinite claim under 112(b) or 112(a) problems.

Listen as our authoritative panel of patent attorneys examines MPF claims and antibody patents. The panel will discuss the benefits and risks of using MPF. The panel will offer their experiences and best practices to overcome the challenges of MPF claims and leverage 112(f) and functional claims for maximum patent protection.