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

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Thursday, September 14, 2023

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This CLE webinar will guide patent counsel on means-plus-function (MPF) claims and antibody patents. The panel will discuss the benefits and risks of using MPF in the context of antibodies. The panel will offer best practices to overcome the challenges of MPF claims and leverage 112(f) and functional claims for maximum patent protection.

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.

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Outline

  1. Use of MPF claims with antibody patents
  2. Benefits of using MPF claims, particularly to avoid/overcome an adverse decision at PTAB or in the courts.
  3. Challenges/limits with applying MPF claims
  4. Functional claims
  5. Best practices for preparing, defending, and enforcing MPF claims

Benefits

The panel will review these and other noteworthy issues:

  • What are the possibilities for MPF claims in antibody patents?
  • What are the benefits and limitations of using MPF patent claims for antibody patents?

Faculty

Brougher, Joanna
Joanna T. Brougher, Esq., MPH

Owner & Principal
BioPharma Law Group

Ms. Brougher is a patent attorney who focuses on all aspects of services related to patents in the areas of...  |  Read More

Carter, Barb
Barb Carter, Ph.D.

Senior Counsel
The Marbury Law Group

Dr. Carter specializes in worldwide patent prosecution, focusing on complex patentability cases, as well as assisting...  |  Read More

Irving, Thomas
Thomas L. Irving

Partner
The Marbury Law Group

Mr. Irving has 47 years of experience in the field of IP law. His practice includes due diligence, patent prosecution,...  |  Read More

Murphy, Amanda
Dr. Amanda K. Murphy, Ph.D.

Partner
Finnegan Henderson Farabow Garrett & Dunner

Dr. Murphy focuses her practice on client counseling and patent prosecution for a range of clients. She prepares new...  |  Read More

O’Brien, Michelle
Michelle E. O'Brien

Partner, Head of Life Sciences
The Marbury Law Group

Ms. O’Brien has more than 20 years of experience representing domestic and foreign clients of all sizes in...  |  Read More

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