simple - a patent can be granted for such an antibody and may cover its preparation, use, and simply having it, selling it, importing it, exporting it, etc. such patents are granted on the basis that the antibody is new, is inventive, has a use, and its preparation and use has been adequately described. just because you work in academia doesn't make you immune from a patent infringement action. if you work in industry, you clearly are not immune. download a few of my articles and you'll find a reference to an article or book that will help. best regards j

It dipends from the stadium of the research: may be a biotech patent on the antibody, or a pharmaceutical patent relative to the process to use it ( It is impossible to obtain a patent on the antigen "per sé", I mean)...

For more information see Dudzinski, Reflections on Historical, Scientific, and Legal Issues Relevant to Designing Approval Pathways for Generic Versions of Recombinant Protein-Based Therapeutics and Monoclonal Antibodies

Thank You Mr. julian and monica for your comments.. 

I am a biotech professional and looking to write a small thesis (review) for intellectual property rights so can you help me or give suggestions for the same.

Thanks,

Shalini