6.1 General remarks
6.1.2 Definition by reference to the target antigen
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A revised version of this publication entered into force, see here |
An antibody can be functionally defined by the antigen it binds to, as long as the antigen is clearly defined in the claims. If the antigen is defined by a protein sequence, its definition must not use any sequence variability or open wording (e.g. "an antigen comprising …"). Otherwise the claimed subject-matter will be considered to lack novelty over any known antibody because existing antibodies will bind to the undefined region of the target antigen.
Examples of accepted antigen-defined antibody claim wording are:
– antibody binding to X
– anti-X antibody
– antibody reacting with X
– antibody specific for antigen X or
– antibody binding to antigen X consisting of the sequence defined by SEQ. ID. NO: y.
An antibody can also be defined by its ability to bind to a well-defined antigen in combination with a negative feature, for example: "Antibody binding to antigen X and not binding to antigen Y".