PHARMACEUTICAL IP

Biologics

At Evolve we have specialist knowledge of the unique requirements of IP strategy for large molecule pharmaceuticals and biologics, including therapeutic monoclonal antibodies, T-cell engagers (TCEs), antibody-drug conjugates (ADCs) and nucleic acid-based therapies.

We are dedicated to developing IP strategies that match the scientific and business vision for your products. The Evolve team provides a fantastic combination of both chemistry and biology scientific expertise that ensures that your innovations benefit from a high-level of IP protection.

Sector insights...

Sequence identities and functional definitions – where is the limit? (T 0137/24)

Biotechnology patents often rely on defining protein and nucleic acid features by their sequence identity. However, it is often not necessary to define the exact sequence, but instead to define the sequence according to a limit of sequence identity, e.g. a sequence having a 90% sequence identity to a specified sequence.

Strict US written description and enablement requirement applied to ADCs and platform inventions (Seagen v Daiichi Sankyo)

The recent decision of the US Court of Appeals for the Federal Circuit in Seagen v. Daiichi Sankyo overruled the jury decision in the District Court to find an ADC linker platform patent invalid for both lack of written description and enablement. 

UPC Court of Appeal tackles broad functional antibody claims (UPC_CoA_529/2024)

The global litigation saga involving Amgen’s PCSK9 antibodies has long served as a high-stakes test case for jurisdictional approaches to broad, functionally defined antibody claims. Following the US Supreme Court’s landmark finding of lack of enablement in Amgen v Sanofi, and the UPC Munich Central Division’s initial revocation of the equivalent European patent, all eyes…

EPO pharma case law trends 2025: Antibodies and biologics

The science of biologics is rapidly progressing, with the development of ever more complex protein structures, incorporation of molecules into cell therapies and the increasing use of AI-assisted design and in silico modelling. Patent law must respond to these new challenges. What better time to take a look at the trends from the EPO case…

Alnylam v. Moderna and the judicious use of definitions: The European perspective

When drafting a patent, seemingly innocuous “boilerplate” definitions in the description can drastically narrow your claims, as demonstrated by the Alnylam v Moderna case in the US, highlighting the critical need for precise language to protect your invention.

Alexion’s Soliris sequence error saga (Alexion v Samsung Bioepis [2025] EWHC 1240)

Beware! The recent Samsung v Alexion UK High Court decision reveals that even a single-letter error in patent sequence data, coupled with vague descriptive language, can invalidate your claims and lead to costly legal battles.

First UPC decision to tackle infringement and validity of second medical claims (Sanofi v Amgen, UPC_CFI_505/2024)

Understand the UPC’s first ruling on second medical use patents, which clarifies novelty and infringement standards but creates new hurdles for patentees, especially concerning “skinny labelling” and proving off-label use.

Rose Hughes joins Evolve

Evolve Intellectual Property is pleased to welcome Dr. Rose Hughes as our new Patent Attorney.

Epitope claims stand firm: Board of Appeal upholds functional antibody patent despite insufficiency attack (T 0326/22)

The recent Board of Appeal decision T 0326/22 is yet further confirmation, if any were needed, that functionally-defined antibody claims remain viable at the EPO.

UPC takes strong stance on therapeutic antibody inventions (Sanofi v Amgen, UPC_CFI_1/2023)

In its first-ever revocation order, the Unified Patent Court has deepened the transatlantic divide on biotech patents, confirming that what is patentable in the US may be considered obvious in Europe.
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