
The Broad Institute Triumphs in CRISPR Patent Battle
The Patent Trial and Appeal Board ruled in favor of the Broad Institute, allowing the company to keep patents for their CRISPR-Cas9 gene-editing technology.
On Feb. 15, 2017, the United States Patent Trial and Appeal Board (PTAB) ruled in favor of the Broad Institute in the controversial dispute between the institution and the University of California, Berkeley over who has the rights to CRISPR-Cas9 gene-editing technology. In a
PTAB sided with the Broad Institute, who currently holds 13 of the 28 patents issued for CRISPR-Cas9. In the decision, PTAB said Broad’s claims focus on “CRISPR-Cas9 systems in a eukaryotic environment” while Berkeley’s “are all directed to CRISPR-Cas9 systems not restricted to any environment.” Berkeley claimed that the use of CRISPR-Cas9 in eukaryotic cells cannot be patented separately, while Broad asserted they are altogether separate inventions.
The battle over who has the rights to the gene-editing technology has been a long and tumultuous one for both parties. It began in May 2012 when Berkeley researcher Jennifer Doudna and Emmanuelle Charpentier, of the University of Vienna,
What’s next?
The PTAB decision means that for now, the Broad Institute will get to keep their respective CRISPR-Cas9 patents. For Berkeley, it means the school’s patent application for CRISPR-Cas9 in all types of cells and organisms may be “closer to issuance,” Berekeley said in a
The decision is good news for Editas Medicine, who licenses the gene-editing technology from the Broad Institute. The company saw a
Source: The Broad Institute, UC Berkeley, PTAB, Seeking Alpha
Newsletter
Stay at the forefront of biopharmaceutical innovation—subscribe to BioPharm International for expert insights on drug development, manufacturing, compliance, and more.