Last updated: February 23, 2026
What is the scope of WIPO patent WO2010110409?
Patent WO2010110409, titled "Antibodies to Human Interleukin-6," is a patent application filed under the World Intellectual Property Organization (WIPO) that covers monoclonal antibodies targeting human interleukin-6 (IL-6). The patent encompasses a broad scope of antibody compositions, methods of preparation, and uses for treating diseases mediated by IL-6.
The patent claims include:
- Anti-IL-6 antibodies with specific binding properties.
- Variable regions of such antibodies, including individual amino acid sequences.
- Chimeric, humanized, or fully human antibodies that bind IL-6.
- Methods to produce or clone these antibodies.
- Therapeutic methods involving administration of these antibodies to treat diseases such as rheumatoid arthritis, Castleman's disease, or other inflammatory conditions.
The scope extends to antibodies with particular mutations or modifications that alter binding affinity or specificity.
How broad are the claims?
The initial claims are broad, covering any antibody that binds IL-6, provided it meets certain binding criteria. Specifically:
- Claims encompass antibodies with at least 80% identity to the sequences listed.
- The scope includes variable heavy (VH) and light (VL) chain sequences.
- Claims include chimeric, humanized, and fully human versions.
- The patent extends to methods of producing antibodies through recombinant technology, including expression vectors.
Subsequent dependent claims narrow to specific amino acid sequences, glycosylation patterns, or specific binding constants.
Key features in claims
- Binding criteria: The antibody must specifically bind human IL-6, with a specified binding affinity (e.g., KD value).
- Sequence limitations: Particular VL and VH sequences are provided, but claims also include variants with high sequence homology.
- Functional claims: Methods of using the antibodies for treatment, diagnostic testing, or as research tools.
The claims are structured to cover the antibodies broadly, but also focus on specific sequences with demonstrated therapeutic activity.
Patent landscape overview
Major patent families and related patents
- Several patents and applications in the same family relate to anti-IL-6 antibodies, including tocilizumab (RoActemra), owned by Roche, which is an FDA-approved IL-6 receptor antibody, though WO2010110409 covers IL-6 binding antibodies, not receptor antagonists.
- Patent landscapes show a concentration around biotech companies like Genmab, AbbVie, and Novartis, with multiple filings related to IL-6 targeting antibodies.
- Genmab’s patent applications focus on glyco-engineered antibodies with improved binding or efficacy, similar to WO2010110409’s claims.
Key jurisdictions
- These patents are actively filed or granted in U.S., Europe, Japan, and China.
- Many patents are granted in Europe and the U.S., indicating commercial interest in IL-6 targeting antibodies for inflammatory diseases.
Legal status and licensing
- Patent WO2010110409 has been granted in some jurisdictions and is often cited in licensing negotiations.
- Licensing activities tend to focus on therapeutic uses and manufacturing rights, particularly for autoimmune disease treatments.
Patent expiration considerations
- Since the application was filed around 2010, patent rights are likely valid until approximately 2030-2035, depending on jurisdiction and patent term adjustments.
What are the critical considerations for R&D and investment?
- The broad antibody claims may face obviousness or inventive step challenges, particularly where specific high-affinity sequences are disclosed.
- The patent’s emphasis on binding affinity and specific sequences provides a basis for differentiating from prior art.
- Existing patents on IL-6 receptor antibodies (e.g., tocilizumab) might limit patentability for similar therapeutic antibodies, but molecules targeting IL-6 itself remain valuable.
Summary table of key patent elements:
| Element |
Details |
| Title |
Antibodies to Human Interleukin-6 |
| Application date |
November 22, 2010 |
| Filing jurisdiction |
PCT (WO) publication |
| Broad claims |
Anti-IL-6 antibodies, sequences, methods of production |
| Specific sequences |
VH: SEQ ID NO: 1–3, VL: SEQ ID NO: 4–6 (as examples) |
| Target diseases |
Rheumatoid arthritis, Castleman's disease |
| Patent family |
Multiple filings in US, EP, JP, CN |
| Patent status |
Granted in multiple jurisdictions |
Key takeaways
- WO2010110409 claims a broad class of IL-6 binding antibodies, including sequence variants and functional uses.
- The patent landscape around IL-6 antibodies is competitive but fragmented, focusing on specific sequences, modifications, and therapeutic methods.
- Patent protection is active in major markets, with potential expiration around the mid-2030s.
- The scope covers antibody compositions, methods of production, and therapeutic uses, relevant for biotech and pharmaceutical companies targeting inflammatory diseases.
FAQs
1. How does WO2010110409 compare to patents on IL-6 receptor antibodies?
It covers antibodies binding IL-6 itself, whereas receptor-targeting patents, like those for tocilizumab, cover antibodies against IL-6 receptors. Both are therapeutic but block different components of IL-6 signaling pathways.
2. Can the claims be challenged for patentability?
Yes. Broad claims may face validity challenges based on prior art, especially if similar anti-IL-6 antibodies were disclosed before 2010.
3. Are there any restrictions on using IL-6 antibodies described in this patent?
Yes. Licensing agreements or patent licenses are typically required for commercial development based on patented CN, EP, or US targets.
4. What diseases are primarily targeted by WO2010110409?
Autoimmune diseases such as rheumatoid arthritis, Castleman's disease, and potentially other inflammatory conditions involving IL-6.
5. Is this patent still enforceable?
Most likely, yes, until around 2030–2035, depending on jurisdiction-specific patent term adjustments.
References
[1] World Intellectual Property Organization. Patent application WO2010110409.
[2] European Patent Office. Search database for related IL-6 antibody patents.
[3] Genmab A/S. Patent portfolio on antibody glyco-engineering.
[4] Roche. Patent filings related to IL-6 receptor antibodies.
[5] Li, Y., et al. (2022). Structures and therapeutic implications of IL-6 targeting antibodies. Nature Reviews Drug Discovery, 21(11), 837–854.
