We may not quite be living in the world of Gattaca, but it seems like only a matter of time before researchers figure out what they’re actually doing with CRISPR.

The recent decision in the University of California v. Broad Institute patent war over a CRISPR-cas9 gene editing method could have wide reaching implications. A panel of justices at the federal circuit court of appeals upheld the PTAB’s ruling the Broad Institute’s patent for using the CRISPR-cas9 method on plant and animal cells. UC Berkeley had challenged Broad’s patent on the basis that it had filed its patent application for using that method in bacteria, prior to Broad.

Fight of the Scientists

The Berkeley scientists battling this fight out may have sunk their own battleships. While the Berkeley scientists seem to have solid evidence that in the race to prove who invented the method for using CRISPR-cas9 to edit animal and plant cells, they were first to successful use the method in bacteria. But as the PTAB and federal circuit court of appeals pointed out, the Berkeley scientists were doubtful of their method’s success in plant and animal cells, and failed to successfully apply the CRISPR-cas9 to those types of cells. Meanwhile, researchers at the Broad institute were successful, and not only applied for a patent, they expedited the process, and successfully had their patent granted before Berkeley. 

Related Resources:

  • Today’s Billion Dollar Patent Question: Who Owns CRISPR? (FindLaw’s Technologist)
  • Will the Fed Circuit Hear CRISPR Patent Battle Round 2? (FindLaw’s Federal Circuit Blog)
  • Federal Circuit Changes Filing Procedures, and That’s a Good Thing (FindLaw’s U.S. Federal Circuit Blog)

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