An appeal board from the U.S. Patent and Trademark Office has made a key ruling on the invention of the genome editor CRISPR.
Patent rulings and scientific honors don’t always mesh, as the team that won the Nobel Prize for creating the genome editor CRISPR learned yesterday. After a 7-year patent battle, a U.S. court rejected its intellectual property claim to a key use of CRISPR, potentially costing itAccording to a ruling by an appeal board of the U.S.
The victory should be sweet for Broad, whose lead CRISPR researcher, Feng Zhang, was not given a share of the CRISPR Nobel Prize. And the loss is particularly bitter for Intellia Therapeutics, a company co-founded by Doudna that yesterday announced what many see as a milestone success for CRISPR medicine. The therapy uses an injection of CRISPR to cripple a mutated gene responsible for a nerve disorder.
In a statement, Broad noted its powerful patent position. “As the PTAB and U.S. federal courts have repeatedly established, the claims of Broad’s patents to methods for use in eukaryotic cells, such as for genome editing, are patentably distinct and not reasonably expected from results of biochemical ‘test tube’ experiments,” the statement says. And Broad stressed that it long has sought a joint-licensing agreement with the CVC to end the costly patent battle.
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