Combatants prepping for next skirmish in battle over CRISPR patents

| | November 7, 2017

The long-running battle over US patents for CRISPR–Cas9 gene editing continues. On 25 October, the Broad Institute of Cambridge, Massachusetts, filed a fresh set of arguments with the US government to defend a key patent. That action helps to set the stage for a second round of oral arguments in the unusually vitriolic case, which observers expect to take place in early 2018.

At stake are intellectual-property rights to the use of CRISPR–Cas9 gene-editing tools in eukaryotes, organisms such as plants and animals. This would include applications of the technique to treat human genetic diseases — an approach that has recently entered cancer clinical trials in China, and is potentially the most lucrative application of gene editing.

[T]he University of California team argued that its patent — which explicitly describes the use of CRISPR–Cas9 gene editing only in non-eukaryotes such as bacteria — rendered applications in eukaryotic cells “obvious” and therefore unpatentable. The Broad countered that the University of California’s invention needed significant and non-obvious tweaks before it could be used in eukaryotes.

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If that decision — which will be discussed during oral arguments in mid-January — becomes final, it will push the Broad’s patent date to a time after the institute’s team published its findings in a scientific article1. And that would invalidate the patent application altogether.

The GLP aggregated and excerpted this blog/article to reflect the diversity of news, opinion, and analysis. Read full, original post: Bitter CRISPR patent war intensifies

The GLP aggregated and excerpted this article to reflect the diversity of news, opinion, and analysis. Click the link above to read the full, original article.

 

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