Korea
July 29, 2020
Source
Photo: Toolgen
CRISPR-Cas9 원천기술 미국 특허에 대한 PTAB(미국 특허심판원)의 결정(2020.06.22)에 대해
당사의 법무대리인 Jones Day가 관련 내용을 "ToolGen obtains ex parte PTAB appeal victory reversing examiner's rejections in CRISPR patent application" 표현하며 홈페이지에 아래와 같이 게재하였습니다.
유럽, 호주, 한국, 일본, 중국, 싱가포르에 이어 CRISPR 원천기술에 대한 특허권을 꾸준히 확대하고 있는 툴젠의 행보에 많은 관심을 가지고 지켜봐주시기 바랍니다.
※ Jones Day(존스데이) 게재 내용
ToolGen obtains ex parte PTAB appeal victory reversing examiner's rejections in CRISPR patent application
On June 22, 2020, Jones Day obtained a decision on behalf of ToolGen, Inc. at the United States Patent Trial and Appeal Board ("PTAB") reversing all of the examiner's obviousness rejections of the claims in ToolGen's U.S. Patent Application No. 14/685,510 (Appeal No. 2019-001990). The claims at issue relate to methods of using CRISPR/Cas9 in mammalian cells. ToolGen successfully appealed the examiner's rejections of the claims as allegedly being obvious over U.S. Publication No. 2014/0068797 (The University of California, the University of Vienna and Emmanuelle Charpentier and Jinek et al., (Science, 337, 816–821 (2012)), and additional secondary references. The PTAB concluded that "the evidence of record supports that there was a high level of uncertainty and unpredictability in the art and that the skilled artisan would not have had a reasonable expectation of successfully transitioning the CRISPR/Cas9 technology [from prokaryotic cells] to eukaryotic cells, e.g., mammalian cells as claimed."
ToolGen is a Korean biotech company focused on translating CRISPR/Cas9 technology in the therapeutics and ag-tech areas.
On June 22, 2020, Jones Day obtained a decision on behalf of ToolGen, Inc. at the United States Patent Trial and Appeal Board ("PTAB") reversing all of the examiner's obviousness rejections of the claims in ToolGen's U.S. Patent Application No. 14/685,510 (Appeal No. 2019-001990). The claims at issue relate to methods of using CRISPR/Cas9 in mammalian cells. ToolGen successfully appealed the examiner's rejections of the claims as allegedly being obvious over U.S. Publication No. 2014/0068797 (The University of California, the University of Vienna and Emmanuelle Charpentier and Jinek et al., (Science, 337, 816–821 (2012)), and additional secondary references. The PTAB concluded that "the evidence of record supports that there was a high level of uncertainty and unpredictability in the art and that the skilled artisan would not have had a reasonable expectation of successfully transitioning the CRISPR/Cas9 technology [from prokaryotic cells] to eukaryotic cells, e.g., mammalian cells as claimed."
ToolGen is a Korean biotech company focused on translating CRISPR/Cas9 technology in the therapeutics and ag-tech areas.
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