When you’re mapping out your Biotech patent strategy, keep in mind that the European Patent Office and the America’s USPTO can view the same invention through remarkable different lenses.
It’s tempting to rely solely on US counsel, but that can leave you blind to the global picture.
One key difference lies in the scope of claims. In the US, claiming a novel sequence of an antibody can be quite straightforward, while in Europe that’s often challenging because you need a surprising technical effect. In the US, claiming an antibody solely from a functional perspective may seem nearly impossible, whereas in Europe such is generally well accepted.
The US typically dominates the biotech landscape by offering more funding opportunities. The US is the obvious choice for first-entry medical treatments and has the most lucrative market. This makes US patents crucial. Therefore, it’s tempting to rely solely on US counsel.
Working with both a US and a European IP counsel ensures strong coverage across both jurisdictions. The European perspective often aligns more closely with the rest of the world, which is helpful in reaching the worldwide protection you want.