In litigation to establish inventorship of the CRISPR gene editing technique, the Fed. Circuit provided additional guidance on how to determine when conception of an invention has occurred.
Read more at: https://www.law360.com/ip/articles/2338726?nl_pk=95cd90ef-6b5f-45a4-a80b-037d2c8892f4&utm_source=newsletter&utm_medium=email&utm_campaign=ip&utm_content=2025-05-13&read_more=1&nlsidx=0&nlaidx=0?copied=1
“The appropriate analysis should turn on whether [CVC’s] scientists ‘had formed the idea of their use for that purpose in sufficiently final form that only the exercise of ordinary skill remained to reduce it to practice’ — more than a ‘general hope,’ but less than knowing with certainty that the invention would work.”
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