LSPN Connect: CRISPR, IP headaches and ‘deplorable’ diversity

The development of CRISPR technology is showing no signs of losing momentum, and  Arbor Biotechnologies is one company that is taking full advantage of this. We spoke to Kelly Morgan, senior director, head of IP and legal at the company to find out more.

In an  LSPN Connect session yesterday, July 30, Morgan sat down with WIPR editor Tom Phillips to discuss the ever-changing CRISPR landscape, her wishlist for outside counsel and the state of diversity in biotech.

Founded in Massachusetts in 2016 by Broad Institute scientists Winston Yan, David Scott, and Feng Zhang, as well as David Walt of Harvard University, Arbor operates a platform that discovers new nucleases.

In September last year, the US Patent and Trademark Office  granted Arbor US patent number 10,392,616, based on Arbor’s discovery of Cas13d, a new member of the CRISPR-Cas13 enzyme family.

“The CRISPR field is moving outside of these conical Cas9 enzymes and trying to find other enzymes or different functionalities you can use with enzymes. As all research does, it evolves eventually,” said Morgan. “It opens up avenues for things you hadn’t envisioned when Cas9 was discovered.”

And, even during the current COVID-19 shutdown, the research team is still hard at work. During lockdown, the company moved its lab facilities and, given the amount of space now available, all of Arbor’s lab workers are back at work.

Adding value

When looking for outside counsel, Morgan seeks out those who can provide added value or creativity.

“My team and myself understand what the invention is. What I’m really looking for from a law firm is [for them to show me] the things we haven’t appreciated,” she added. “Do they just take the invention at face value or do they pull it apart and start looking at it in different ways and adding the creative value to the entire application or strategy?”

That’s not to say there aren’t times Morgan looks for a conservative approach, such as where there’s a field that’s very competitive and Arbor just wants a narrow slice. She added: “There are individuals that are very good at slicing the pie so thinly it works.”

But, for people familiar with IP and patents, the “tendency is I know how to do it, I don’t need a patent attorney”, said Morgan.

Having “someone who knows just enough to be dangerous” can be dangerous, with people not appreciating the value others can bring in other ways, such as the overall strategy, she explained.

Morgan went on to explain that subtle differences can be made to patent applications depending on the company’s strategy, and this has a “big impact downstream”.

“Any patent application worth its salt is probably going to go through litigation,” said Morgan. “It’s really thinking about how you can set yourself up on day one for a great case in 20 years from now.”

‘Deplorable’ diversity numbers

Earlier this year, the Biotechnology Innovation Organization released a report on diversity and inclusion in the biotech industry. Of the 100 member companies surveyed, many were approaching gender parity, with 45% female employees overall.

But, unsurprisingly, this near balance falls over very quickly as you go up in the management chain, with companies reporting 30% female executives and 18% female board members.

Representation of people of colour is lower, at 32% overall. At the higher levels, only 15% of executives and 14% of board members are people of colour.

While Morgan called the diversity numbers in biotech “deplorable”, she added that people are becoming more aware of the need for a more diverse workforce.

The COVID-19 pandemic, which has forced remote working upon many, could help to spur diversity.

Many companies have discovered they can have employees working from home and still get productivity, she explained. Now, companies can look more remotely, outside of the sphere they’re used to, and choose from a much more diverse workforce.

For those already working for a company, “no matter what position you hold or the stage of your career, you can make waves and have an impact”, said Morgan.

Morgan is also a big believer in the rewards of mentoring, something she herself has benefitted from. She currently works with women in the biotech field, engaging with individuals and trying to foster them in their growth.

While Arbor doesn’t place any diversity demands on its outside counsel, Morgan does like to ask to work with diverse teams of outside counsel.

“When I really like a particular person, whether that’s an associate or of counsel or partner, I ask that they get credit for our recurring business. I think that helps to promote them, so hopefully the partners they’re working with understand I value their work,” she said. “You can have a big influence on outside counsel’s development.”

LSPN Connect is the membership programme for the Life Sciences—to watch on this session and for more information on joining, visit  www.lspnconnect.com

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