Clearing a way through the CRISPR patent jungle
Research output: Contribution to journal › Journal article › Research
At present, there exist already more than 1,700 applications for CRISPR patent families, i.e. sets of patent applications covering the same or similar technical content that have been filed in different jurisdictions. Every month around 100 new families are published. Hence, researchers and companies looking to commercialize CRISPR–Cas9 gene editing and comparable techniques will probably continue to face a very complex, highly fragmented patent landscape for the next decades. Typically, patent claims will become narrower and may be harder to enforce. This may trigger some inventors rely on trade secret protection or alternative business models rather than patents.
The recent EPO decision stresses the importance of harmonizing material and procedural patent rules in order to simplify the international protection of valuable patent portfolios and to create legal certainty for patents practitioners, industry, scientist and society at large. Whereas the EPO CRISPR decision focuses on priority claims, co-inventorship and assignments, the need for harmonization obviously goes beyond this essential, but very specific topic. It also entails the need to clarify the scope of research- and experimental use exemptions, the legal concept of co-inventorship, as well as the demand for some more extensive guidance on patent pledges, ethical and joined licensing initiatives and the creation of user-generated solutions. In a series of short contributions we will debate some of these notions, starting out with user-generated licensing models´.
|Journal||Life Sciences Intellectual Property Review (LSIPR)|
|Issue number||8/5 2018|
|Number of pages||4|
|Publication status||Published - 2018|
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- The Faculty of Law - gene editing, patent, clearing houses, patent pools, CRISPR Cas 9