Functional Features in Antibody Claims: The UPC vs. the EPO

Abstract

Functional features play a crucial role in securing robust patent protection for antibody inventions and have been the focus of extensive case law from the European Patent Office’s Technical Boards of Appeal. This article analyzes key patterns and emerging trends within this case law, explores their application in examination practice, and provides a comparative perspective on recent jurisprudence from the Unified Patent Court. A particular focus is on the EPO’s concerning shift towards demanding structural predictability in the context of functional features.