For the first time, the European Patent Office has revoked a CRISPR patent with an early priority in the CRISPR IP landscape for lack of inventive step. Previous EPO proceedings mainly focused on questions of priority.

The oral proceedings in this case were conducted as a video conference, the proceedings having a certain complexity in view of the number of parties involved. All parties were able to confirm at the end of the oral proceedings that there were no technical complications.

The revoked patent is owned by the US biotechnology company Sigma-Aldrich (Merck). Opposition was filed, among others, by BASF, represented by Patent Attorney Dr. Christine Cirl, LL.M. (Eisenführ Speiser Munich).

JUVE Patent reports here.