“Europe: Legal issues lead to invalidation of second Broad patent; significant reduction in scope of third Broad patent”

EP2784162 (“EP’162”) & EP2896697 (“EP’697”): On February 15, 2019, the EPO revoked EP’162 in its entirety based on the same priority defect which EP’468 suffered. In addition, the EPO also revoked the original granted claims in EP’697, rejecting.35 sets of modified claims to arrive at an acceptable set of claims that are significantly narrower compared to the original claims. Specifically, the original granted claims which sought to cover many CRISPR/Cas9 vector systems were narrowed to vector systems using two specific guide sequences that incorporate precise nucleotide substitutions as compared to naturally-occurring sequences.

The Broad has appealed the Opposition Division’s adverse decision to the EPO Technical Boards of Appeal (TBA).


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