PTAB Issues Key Decision Over Revolutionary CRISPR Technology, but this Tale is Not Over Yet

The gene-editing tool CRISPR is in the process of transforming the life sciences industry. Perhaps not surprisingly with such a revolutionary technology still in its relative infancy, a dispute over patents between universities and research institutes that have been at the forefront of its development, erupted over just who owns some of the foundational IP.

Last week in a closely watched decision, the Patent Trial and Appeal Board (PTAB) ruled in favour of the Broad Institute, a non-profit research organisation affiliated with the Massachusetts Institute of Technology (MIT) and Harvard, in an interference proceeding involving a dozen patents that were challenged by the University of California, University of Vienna and Dr Emmanuelle Charpentier. In this blog Cyrus Morton and Sharon Roberg-Perez of Robins Kaplan LLP look at the implications of the PTAB’s ruling and explain that in a rapidly evolving licensing market, more disputes over CRISPR could be on the horizon. Here’s what they have to say.