The Yale Law Journal

Mark A. Lemley


The Antibody Patent Paradox

Mark A. Lemley & Jacob S. Sherkow

Shifts in patent law’s enablement and written description requirements make it impractical for patentees of antibody technologies to disclose and claim their inventions. We describe this as a doctrinal paradox and offer a solution that gives patentees the power to claim antibodies without giving the…