USPTO Restarts CRISPR Patent Dispute Between Broad and UC

The US patent office declares an interference between the intellectual property held by the Broad Institute and several patent applications filed by the University of California—opposite its previous ruling.

Written byJef Akst

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The legal battle over the intellectual property surrounding CRISPR gene editing technology is not over. The US Court of Appeals for the Federal Circuit ruled last September that patents held by the Broad Institute of MIT and Harvard University were not in conflict with previously submitted patents from the University of California (UC), Berkeley. But the US Patent and Trademark Office (USPTO) has now posted documents declaring interference between them—meaning they may cover overlapping IP.

“Certainly, this new patent interference in the US adds to the complexity of the landscape,” Catherine Coombes, a patent director with HGF Limited in the UK who represents CRISPR patent holders in Europe, writes in an email to The Scientist.

The interference applies to 10 patent applications from the UC team and 13 patents and one application from the Broad. This time, the USPTO appears to focus on an issue that ...

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Meet the Author

Jef Akst
Jef (an unusual nickname for Jennifer) got her master’s degree from Indiana University in April 2009 studying the mating behavior of seahorses. After four years of diving off the Gulf Coast of Tampa and performing behavioral experiments at the Tennessee Aquarium in Chattanooga, she left research to pursue a career in science writing. As The Scientist's managing editor, Jef edited features and oversaw the production of the TS Digest and quarterly print magazine. In 2022, her feature on uterus transplantation earned first place in the trade category of the Awards for Excellence in Health Care Journalism. She is a member of the National Association of Science Writers.
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