Throughout the world, a key principle underpinning patent protection is that the scope of protection should depend on how the invention contributes to existing knowledge in the field. Although guided by this principle, different jurisdictions may apply it differently, resulting in differences in practice between different locations and technical areas. This article by Monika Rai and Juliet Redhouse at Mathys & Squire LLP sets out the current EPO approach to granting antibody patents and contrasts this approach with recent US developments.

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