T2360/19 reasoning confirms the impact of G1/22 and G2/22 on formal priority in the Broad, MIT and Harvard CRISPR cases

Further to our post relating to the Enlarged Board of Appeal decisions G1/22 and G2/22, we now inform you that the reasoned decision in the Broad CRISPR case T2360/19 has  just come out. 

During oral proceedings in March of 2024, the principle of “rebuttable presumption” of G1/22 and G2/22 was effectively applied to restore the formal priority entitlement to priority in the Broad Institute, MIT and Harvard’s cases EP2784162 (T2360/19), EP2764103 (T2689/19), and EP2896697 (T2516/19), but the technical Board of Appeal had not provided its reasoning. The reasoned decision in T2360/19 now details how this technical Board of Appeal interprets the “rebuttable presumption”, why the presumption is not considered rebutted by the evidence provided by the opponents and further details how this decision is in line with the principles of the priority system of the EPC and the Paris Convention. An interesting read for those still considering challenging formal entitlement to priority of a third party patent in opposition proceedings!

Please do not hesitate to contact our team on info@dcp-ip.com to learn how the decision of the Enlarged Board of Appeal may be relevant to your activities and how we can be of assistance for you.