EPO Technical Board of Appeal Upholds Opposition Division’s Decision Regarding Settled Law on the Right to Claim Priority

On 16 January 2020, The EPO Technical Board of Appeal upheld long-standing EPO law and practice regarding the right to claim priority and found the Broad Institute’s CRISPR/Cas9 patent EP2771468 to lack priority from its first, second, fifth and eleventh priority filings. As an aside, the Broad Institute’s patent EP2771468 is revoked. As a fundamental, we now know why the law is settled, and this explanation should cement EPO practice under the Paris Convention.

Read more

EPO Issues Decision in Opposition Proceedings against Broad Institute Patents EP2784162 and EP2896697

Last week, in sequential hearings, two of the Broad Institute’s CRISPR/Cas9 Patents went under the hammer of one of the EPO’s Opposition Divisions. On 14th February 2019, the European Patent Office Revoked EP2784162. On 15th February 2019, the European Patent Office maintained EP2896697 albeit with a significantly narrowed scope.

Read more

Broad Institute’s CRISPR/Cas9 Patent EP2771468 Revoked

The European Patent Office on 17th January 2018 revoked the first of the Broad Institute’s CRISPR/Cas9 patents, its validity having been challenged by 9 parties on multiple grounds.

Read more