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8 June 2017Americas

LSPN North America: CRISPR patent pool may emerge, says Regeneron

There has been speculation over whether a patent pool for CRISPR licensing might be created, making it easier for commercial parties to get involved with the technology, according to Larry Coury, senior director of dispute resolution at Regeneron.

Coury’s comments were made at the Life Sciences Patent Network North America, a conference hosted by Life Sciences IP Review in Boston on Thursday, June 1.

“The longer you wait [to get involved in CRISPR], the more certainty you will have. But at the same time, you will also be further behind compared to the others who did some evaluation and took a risk,” said Coury, when offering his advice to commercial parties.

He added: “It will depend on how important this technology is to your company, and you’ll have to make a decision about the most appropriate time to get in. But no matter when you decide to get in, you will have to sit down and do some negotiation.”

Coury explained in the panel discussion that from a commercial point of view, he thinks it is the life sciences industry’s belief that firstly, no party is going to get an exclusive licence, and secondly, every party will have the opportunity to obtain a licence.

He added: “I don’t think there will be lawsuits with people seeking injunctions trying to prevent other parties from using CRISPR.”

As was noted in the discussion, the IP landscape for CRISPR technology remains unclear and can create confusion for companies that are looking to commercialise this technology.

The moderator of the panel, Frits Gerritzen, partner at Allen & Overy, said that the CRISPR landscape was unclear.

Jared Cohen, senior director at Alexion Pharmaceuticals, said that companies that are looking to license the technology look for certainty.

He added: “There is anything but certainty right now. All you can do is look at the merits of each portfolio and come up with different conclusions.”

Cohen said that, depending on how important the CRISPR technology is to a company, there are other technologies which can be considered as well.

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