Loss of Patent Rights in EPO on CRISPR

By David Hricik

The Board of Appeals at the EPO held on January 17, 2020 that the EPO patent on CRISPR gene editing technology was revoked for lack of novelty because it could not claim priority to a US provisional application.  The EPO decision is here.

Carl Oppedahl has written a post laying out what went wrong, in late 2013, that caused the problem. That post is here.

On an unrelated note, I’ve been fighting some health issues and hope to be blogging regularly again.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

3 thoughts on “Loss of Patent Rights in EPO on CRISPR

  1. 3

    Thanks, all. Apart from a scare that required a lot of testing (that turned out to be a false alarm), after eight weeks I figured out that I am allergic to melatonin. You do not want to be allergic to melatonin, and not know it, and take it. I’ll leave that there.

  2. 2

    Get well soon.

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