The UC v. Broad Institute CRISPR patent battle shows how strategic claims drafting and filing strategy decide who owns a breakthrough technology.
BY: Kennyn Statler and Michael Baker
CRISPR Decision Highlights the Importance of Strategic Claims Drafting
The battle over CRISPR (Clustered regularly-interspaced short palindromic repeats) patents highlights the importance of having a sound patent strategy before filing the first disclosure. The University of California v. Broad Institute, Inc. is an excellent example of the difference a well-executed strategy can make.
In 2013, teams from UC Berkeley and the Broad Institute filed applications seeking patents for the process of editing genetic information using the CRISPR-Cas9 protein. This came only months after both parties published scientific articles and filed provisional patents. Their strategies when filing their patent applications were distinct and the results decisive.
Is your first filing set up to win the fight ten years from now? ipCG helps teams build a patent strategy and disclosure process before the claims are drafted.
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Written by
Kennyn Statler