To Be Or Not To Be: Self-Revocation of Seminal European Patents Creates New Uncertainty In CRISPR IP Space

Introduction

In a surprising turn of events, the European Patent Office (EPO) has revoked two seminal patents related to the revolutionary gene-editing technology CRISPR-Cas9. These patents, originally granted to the Broad Institute and the University of California, Berkeley, have been at the center of a long-running patent dispute between the two institutions. The self-revocation of these patents has sent shockwaves through the CRISPR IP space, creating new uncertainty and raising questions about the future of gene-editing research.

Background of the Patents

The CRISPR-Cas9 system is a powerful gene-editing tool that allows scientists to make precise changes to DNA. It has the potential to revolutionize medicine, agriculture, and other industries. The two patents in question, EP2771488 and EP2800811, were granted in 2016 and 2017, respectively. They cover the use of CRISPR-Cas9 for gene editing in eukaryotic cells, which includes human cells.

Reasons for the Revocation

The EPO revoked the patents after finding that they did not meet the requirements of the European Patent Convention (EPC). Specifically, the EPO found that the claims in the patents were not sufficiently clear and concise, and that they did not adequately disclose the invention. This decision is a significant setback for the Broad Institute and UC Berkeley, who have invested heavily in CRISPR research and development.

Impact on the CRISPR IP Space

The self-revocation of these patents has created new uncertainty in the CRISPR IP space. It is unclear who now owns the rights to CRISPR-Cas9 technology in Europe. This could lead to a new round of patent disputes, as companies and institutions seek to secure their intellectual property rights. The uncertainty could also slow down the development and commercialization of CRISPR-based products.

Conclusion

The self-revocation of the two seminal CRISPR-Cas9 patents has sent shockwaves through the CRISPR IP space. It is a reminder that the patent landscape for gene-editing technology is constantly evolving. Companies and institutions involved in CRISPR research and development should stay abreast of the latest developments to ensure that they are protecting their intellectual property rights.