Biotechnology

Prioritising Priority – getting your procedural ducks in a row

In a previous article, we reported the outcome of the US interference proceedings in the ongoing dispute between the Broad Institute and the University of California Berkeley over who really “owns” CRISPR. Attention has now turned to Europe, where the Opposition Division of the EPO has issued a preliminary and...

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Has the European Patent Office over-turned the Enlarged Board of Appeal decisions on patentability of products of essentially biological processes?

The European Patent Convention (EPC) excludes from patentability inventions consisting of plant or animal varieties or essentially biological processes for the production of plants or animals (this does not apply to microbiological processes or the products thereof).  An “essentially biological process” is defined in the EPC as consisting entirely of...

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Cas-cading events in the IP battle over CRISPR technologies

Cas-cading events in the IP battle over CRISPR technologies On 15 February the USPTO announced its long-awaited decision regarding the CRISPR patent interference proceedings between the University of California Berkley (UCB) and the Broad Institute of MIT. The decision closes the door on an important chapter of the increasingly bitter...

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A new ‘parth-way’ around Article 53(a) EPC for inventions requiring the use of human embryonic stem cell lines

A recent change in EPO practice allows for European patent applications requiring the use of human embryonic stem cell (hESC) lines to avoid the morality exclusion of Article 53(a) EPC, provided the effective date of the application is on or after 5 June 2003. By way of background, according to...

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