San Diego International Law Journal


Ningxi Sun

Library of Congress Authority File


Document Type



In the United States, therapeutic antibodies play a key role in the innovations for life-saving therapies. Genus claims—broad claims that cover a group of related species – are widely used in antibody patents, allowing the patentee to obtain broad protection of their inventions. However, a recent line of Federal Circuit decisions has created a higher bar to obtaining patent protection for antibodies. Specifically, it is now nearly impossible to maintain an antibody genus claim. Noteworthy, the United States’ treatment for antibody claims is diverging from other major jurisdictions in the world.

This Article argues the Supreme Court and Congress should reverse the trend of the over-restrictive disclosure requirement for antibody patents. This Article further discusses why the more restrictive test is harmful, what we can learn from foreign antibody protection, and provides proposed solutions to encourage development of innovative therapeutic antibodies.