ARTICLE
20 January 2020

CRISPR Patent - "Appeal Dismissed, Patent Revoked"

FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Contributor

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
On 13 January 2020, the Board of Appeal kicked off the much awaited CRISPR hearing. After a long battle, on 16 January 2020...
European Union Intellectual Property

On 13 January 2020, the Board of Appeal kicked off the much awaited CRISPR hearing. After a long battle, on 16 January 2020 (Day 4 of the hearing), the Technical Board of Appeal at last came to a final decision.

Day 1 and 2 of the hearing suggested that the Board of Appeal may intend to refer the matter of priority to the Enlarged Board of Appeal. In a dramatic turn of events, the Board of Appeal dismissed the appeal (T 0844/18) for the CRISPR patent EP2771468 and upheld the Opposition Division’s decision to revoke the patent for lack of novelty.

We now await the formal written decision and minutes of the oral proceedings. In the meantime, the key message to take away is that ensuring priority is claimed validly is crucial. To avoid any issues at the EPO, Applicants must make sure that they have the right to claim priority at the application filing date.

A full report on the decision will follow. For further information, please do not hesitate to contact one of our IP Practitioners.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More