USPTO rules Broad owns CRISPR animal cell editing patents
Patents core to the breakthrough gene-editing technology CRISPR belong to the University of Harvard and the Massachusetts Institute of Technology’s Broad Institute, the US Patent and Trademark Office (USPTO) has ruled.
The decision dismisses bids from the University of California, Berkeley’s Jennifer Doudna and the University of Vienna’s Emmanuelle Charpentier (collectively ‘CVC’) claiming that they were the first to invent the technology for use on animal cells.
Several companies including Intellia Therapeutics and CRISPR Therapeutics have licensed CRISPR patents from CVC, according to Bloomberg. The USPTO ruling invalidates some of those patents.
A USPTO tribunal affirmed that the Broad Institute was the rightful patent holder of CRISPR/Cas9 and CRISPR/Cas12a gene-editing technology, marking the office’s second decision in this dispute.
The patents are currently exclusively licensed to Massachusetts biotech Editas Medicine for the development of medicines for people living with serious diseases.
In a press release announcing the decision, Editas chairman and CEO James Mullen said: “While scientists in both groups made important scientific contributions to the field, this proceeding was to determine who invented the use of CRISPR/Cas9 for editing the DNA in eukaryotic cells, including human cells.
“We are pleased with the USPTO’s decision, ending the interference, and determining the Broad Institute’s innovative work to discover and use the CRISPR/Cas9 technology in human cells.”
Doudna and Charpentier had sought CRISPR patents in 2012 and later secured a Nobel Prize for their work.
Harvard and the Broad Institute secured their first CRISPR patent in 2014 and have since obtained subsequent patents. The USPTO ruled that these patents were correctly issued as they were distinct from Doudna and Charpentier’s work in that they applied the technology for use in eukaryotic cells.
Mullen added: “The decision reaffirms the strength of our foundational IP as we continue our work to develop life-changing medicines for people living with serious diseases.”
‘No impact’: ERS Genomics
ERS Genomics, which licenses the CRISPR patents on behalf of CVC reinforced that the USPTO’s decision was focused on “single-guide CRISPR/Cas9 systems in eukaryotic cells” and has “no impact” on any of CVC’s granted US patents that cover the use of CRISPR/Cas9 in “all settings”.
Michael Arciero, vice-president of IP and commercial development at ERS Genomics said: “We are disappointed in the PTAB’s decision and are evaluating our options along with the CVC stakeholders in regard to a potential appeal.”
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