CRISPR and the Transatlantic Race to the Patent Office – Ep. 24 [Podcast]
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In this week’s episode of Stuff You Should Know About IP, Thomas Colson and Raymond Guarnieri welcome special guest Patrick von Hinnegan to discuss a CRISPR technology patent case that involves happenings in the United States and in Europe. Most nations in the world, including the US, operate under a first-to-file patent regime, which means that patent rights are awarded to the first party to file a patent application for a new technology, even if that party was not the first to invent the technology. In the US, an inventor can file a provisional patent application – which isn’t a real patent application, but is instead more of a placeholder for one – to obtain an earlier priority date, which is valuable for obtaining patent protection because nothing published after that date can be used to reject or invalidate a patent.