WISPRO manager Leo Tsou, indicates that it is not exactly true.
“Although the antibody isolated from patients naturally exists, the principle that a naturally occurring substance is non-patentable should be explicitly interpreted as that the subject matter of a claim cannot naturally occur.
Thus, claims regarding (a) method-of-treatment, (b) antibodies that are further artificially modified, such as the modification of amino acid sequence in V regions or Fc regions, modification of glycosylation, antibody fragments (eg. Fab’), or bispecific antibodies, etc, (c) the formulation design of the antibody drug, (d) hybridoma, expression constructs, or cDNA for producing the antibody are all patentable subject matters.
In fact, according to the recent decisions made by the CAFC, the most common challenge for antibody patents is the written description requirement rather than eligibility. We will discuss this in detail in the future.”