Missing Inventor Doomed Broad's CRISPR Patent At EPO

Law360 (November 16, 2020, 10:46 PM EST) -- The Broad Institute can't take advantage of the priority date in provisional patent applications for the breakthrough gene-editing technology CRISPR because it didn't list the same inventors on its subsequent European patent application, the European Patent Office Board of Appeal said earlier this month.

In explaining why it upheld a decision revoking the Broad Institute's patent in January, the appeal board faulted the research institute for leaving one of the inventors from its U.S. provisional patent applications off its European patent application. By doing so, the board said the institute lost its right to claim the provisional applications' earlier priority date. Instead, the...

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