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October 30, 2018

Comments

Meanwhile, at the EPO there has already been a reasoned Decision by the Opposition Division, with major repercussions in this struggle for priority between the rival East Coast and West Coast teams. As I understand it, the earlier patents are pre-AIA. It will be interesting to see how the later patents make out i) under the AIA vs ii) the EPC.

As I understand things, Max, the EPO decision was based on the Broad running afoul of the priority claiming requirements of the EPC. These won't affect the US patents/applications so we could get different outcomes.

Thanks for the comment

Indeed! What will be interesting is how the respective laws arrive at different outcomes, given a common fact base of filing events by the rival filers, when both jurisdictions claim to grant to the party that was "First to File".

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