The European Parliament has adopted an amended European Commission proposal to regulate plants engineered using techniques such as CRISPR/Cas and ban any patenting of plants, plant parts, material, genetic information, or...more
2/20/2024
/ Biotechnology ,
CRISPR ,
European Commission ,
European Parliament ,
European Patent Convention ,
GMO ,
Intellectual Property Protection ,
Life Sciences ,
New Regulations ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Plant Based Products ,
Public Health ,
Regulatory Reform
The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred...more
The ability to edit eukaryotic DNA entails an almost limitless ability to alter the genetic makeup of the plants that become our food. Recently, scientific attention has been directed to applying a class of new gene-editing...more
The EPO confirmed that a European patent application can be refused on the basis of double patenting under Articles 97(2) and 125 EPC, if a patent with the same effective date has already been granted for the same subject...more
The BoA has been divergent regarding whether in an internal priority situation, the applicant would have a legitimate interest in a second patent protecting the same subject matter.
...more
In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more
7/17/2017
/ Biologics ,
Biotechnology ,
EU ,
European Commission ,
European Patent Convention ,
European Patent Office ,
Genetically Engineered Animals ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Plant Patents ,
Product Exclusivity ,
Subject Matter Conflicts ,
The Enlarged Board of Appeals