cosmin4000 / iStockphoto.com
There may be a path through the CRISPR patent jungle, but there are many obstacles still in the way, say European academics Timo Minssen, Esther van Zimmeren and Jakob Wested.
The revocation of the Broad Institute’s patent EP2771468, reported and discussed here, marks the latest major development in a series of patent battles over the revolutionary and highly lucrative CRISPR/Cas 9 technology (and other gene-editing technologies) in the US and Europe.
While this is the first European Patent Office (EPO) decision in an opposition procedure concerning the Broad patent portfolio, the outcome may have implications for other related patents as the rationale for the revocation reflects a larger, systemic challenge based on the different rules regarding priority claims in different jurisdictions.
This is a rather complex legal issue, but with potentially important implications in practice that require patent applicants to be very careful about when they assign their patent application. The Broad Institute has already made clear that it intends to file an appeal at the EPO, which again highlights the commercial relevance of the CRISPR patent concerned.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
European Patent Office
George Washington Law School
Kirkland & Ellis International LLP
Marks & Clerk
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
The United States Patent and Trademark Office (USPTO)
World Intellectual Property Office
Timo Minssen, Esther van Zimmeren, Jakob Wested. CRISPR technology, Broad Institute CRISPR, patent revocation