• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
+49 (0) 69 / 606 278 – 0
[email protected]
Contact form
Patent- & Rechtsanwaltskanzlei

Patent- & Rechtsanwaltskanzlei

  • Deutsch

+49 (0) 69 / 606 278 – 0

  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • xing
  • Email
MENUMENU
  • Services
    • Advice On Protective IP Rights
    • Patent Application /TM Registration
    • Enforcement Of IP Rights
    • Defence Against IP Rights Enforcement
    • Costs
  • Company
    • Fields of Law
      • Patent Law
      • Utility Model Law
      • Employees’ Inventions
      • Trademark Law
      • Design Law
      • Trademark and Product Piracy
      • Expert Opinions
    • Our Law Firm
      • Dr. Karl-Hermann Meyer-Dulheuer
      • Dr. Tim Meyer-Dulheuer
      • Dr. Klaus Zimmermann
      • Zhichao Ying
      • Clara Elinor Grünewald
    • Commitment
  • Contact
    • Where To Find Us
    • Write us!
    • Request call back
  • Blog

CRISPR Genetic scissors: cards are being reshuffled

21. January 2020

The European Patent Office confirmed four days ago the revocation of a granted patent on CRISPR genome processing, which is considered the key technology in the fight against cancer. This leaves the rough competition for the patent rights on the CRISPR genome scissors still open, which actually seemed to have been decided already.

Two groups claim the property rights of CRISPR Genetic scissors

CRISPR Genschere

The granting of patents and property rights in CRISPR technology has been controversial for years. Two groups of inventors and at the same time two of the major American universities are irreconcilably opposed to each other: the Broad Institute of MIT and Harvard with the inventor Feng Zhang and the University of California Berkeley with the inventors Jennifer Doudna and Emmanuelle Charpentier.

The revocation of a granted patent on CRISPR genome processing, now confirmed by the European Patent Office (EPO), concerns an important EU patent (2771468 B1) of the leading Board Institute in America. The revoked patent contains several references to older patent rights, and this revocation could therefore call into question other European patents already granted.
This leaves open the race for the intellectual property rights to the CRISPR Genetic scissors and CRISPR technology, which is actually already considered to be decided.

Oral hearing before the EPO

An oral hearing was held last week on the CRISPR gene editing technology and the case in T 844/18.

The EPO issued a short statement that the patent had been revoked for lack of novelty – in view of the intermediate prior art. This prior art had become relevant because the Opposition Division had not recognised the priority claim of the patentee from a US provisional application designating more applicants than in the subsequent PCT application from which EP 2771468 is derived.
Since the omitted applicant had not transferred his rights to the applicants of the PCT application the priority claim was considered invalid, the EPO decided.

Thus, the EPO referred to the registered or unregistered names of inventors. This was because the patent application failed to mention the co-inventor Luciano Marraffini, so the EPO ruled that the patent was invalid and decided against the Board Institute. Exactly the same question was already being negotiated in parallel in the USA in 2017. There an arbitration court decided in favour of the Board Institute.

You can read more about this in our article from February 2018:  Next step in Battle over CRISPR technology: EPO revokes important patent

Patent agreements as a way out of the CRISPR permanent conflict

Beyond the court decisions, however, a way out of the CRISPR permanent conflict is also being sought through an open patent portfolio and patent agreements. The Board Institute, for example, manages a robust CRISPR-Cas9 patent portfolio with important CRISPR-Cas9 patents in the USA and Europe in connection with the use of CRISPR-Cas9 in eukaryotic cells.

The opposing side, the group around Jennifer Doudna and and Emmanuelle Charpentier, is not idle either and discovered newer CRISPR systems with smaller proteins than the previous Cas9 proteins (CasY and CasX).

Do you also need support to protect your patent rights?

Our patent attorneys and attorneys at law have expertise in all fields of intellectual property law, both national and international.
We are looking forward to the contact with you!


 

Sources:

Information of EPO about decision CRISPR Genetic scissors

Image:

composition based on uleo / pixabay.com / CCO License and PublicDomainPictures / pixabay.com / CCO License

  • share  
  • share 
  • share 
  • tweet  
  • share 

Category iconHealthcare & Lifesciences,  Patent Law Tag iconEmmanuelle Charpentier,  patent agreement,  patent portfolio,  Crispr,  CasY,  Jennifer Doudna,  gene scissors,  scissors for genes,  CRISPR Cas9 patent portfolio,  CRISPR genome editing,  CasX

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

More articles about: Healthcare & Lifesciences

All articles

Blog Menu

  • Design Law
  • Healthcare & Lifesciences
  • International Intellectual Property
  • Licenses
  • News from our law firm
  • Overall
  • Patent Law
  • Product- and Trademark piracy
  • Trademark Law
This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form

Recent Posts

  • Thermomix infringement by Lidl: Will Monsieur Cuisine still exist? 25. January 2021
  • Time limit missed for remedying deficiencies at EUIPO 25. January 2021
  • Bacardi wins in trademark dispute Vodka 42 BELOW 20. January 2021
  • HALLOUMI vs. BBQLOUMI: Cyprus loses again in trademark dispute 20. January 2021

Fields of Law

  • Patent Law
  • Utility Model Law
  • Employees’ Inventions
  • Trademark Law
  • Design Law
  • Trademark and Product Piracy
  • Expert Opinions
  • Costs

Das könnte Sie auch interessieren:

25. January 2021
Thermomix infringement by Lidl: Will Monsieur Cuisine still exist?

Thermomix infringement by Lidl: Will Monsieur Cuisine still exist?

18. January 2021
Where in Europe is a patent application worthwhile?

Where in Europe is a patent application worthwhile?

15. January 2021
BGH ‘Cigarette package’: Extension of undisclosed features in EU patent

BGH ‘Cigarette package’: Extension of undisclosed features in EU patent

11. January 2021
Patent for coding of audio signals confirmed by German BPatG

Patent for coding of audio signals confirmed by German BPatG

8. January 2021
GAIA-X: German funding program for European Cloud

GAIA-X: German funding program for European Cloud

5. January 2021
Employee invention of managing directors or board members?

Employee invention of managing directors or board members?

Footer

Contact

Franklinstr. 61-63
D-60486 Frankfurt am Main
Germany

+49 (0) 69 / 606 278 – 0
+49 (0) 69 / 606 278 – 199
[email protected]

Customer Reviews

Meyer-Dulheuer MD Legal Patentanwälte PartG mbB Patentrecht, Markenrecht, Eigentum hat 4,78 von 5 Sternen 23 Bewertungen auf ProvenExpert.com

Fields of Law

  • Patent Law
  • Utility Model Law
  • Employees’ Inventions
  • Trademark Law
  • Design Law
  • Trademark and Product Piracy
  • Expert Opinions
  • Costs

Law Firm

  • Request non-binding call back
  • Info secure emails
  • Company
  • Our Law Firm
  • ISO Certificate
  • Privacy Policy
  • Data handling for clients
  • Imprint

Follow Us

  • Facebook
  • Twitter
  • Google+
  • LinkedIn
  • xing
  • Email

Newsletter Signup

This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form

© Patent- & Rechtsanwaltskanzlei Meyer-Dulheuer MD Legal Patentanwälte PartG mbB

Kontaktformular

 

Rufen Sie uns an, schicken Sie uns eine Mail oder füllen Sie das Kontaktformular aus.

+49 (0) 69 / 606 278 – 0
[email protected]

This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form

Contact Form

 

Give us a call, send us an email or fill out the contact form.

+49 (0) 69 / 606 278 – 0
[email protected]

This form uses Google Recaptcha.

You must accept cookies from Google recaptcha to use this form.

More information can be found in our privacy policy.

load form