Court reignites CRISPR patent dispute
The University of California and the University of Vienna convinced an American court of appeal to relaunch their supply of patent rights on the editing technology of genes CRISPR – CAS9 created by their scientists Jennifer Doudna and Emmanuelle Charpentier. The case was referred to the commission of the trial and appeal of the patents of the patent office for re -examining after the court discovered the fault of the previous leader of a patent court granted CRISPR patent rights – Cas9 offshore institute and researcher Feng Zhang. This will give the winners of the Nobel Prize Doudna and Charpentier and their respective universities another chance of claiming the rights of CRISPR – Cas9 patents as real inventors in the United States.
Doudna and Charpentier and The Broad have challenged the property of CRISPR patents – Cas9 since 2012. To settle the dispute, the patent court in 2022 undertook to establish the party invented for the first time technology. The court determined that Doudna and Charpentier were the first group to develop the edition of CRISPR genes – Cas9 in eukaryotic cells (about seven months before the sea), but at the time had trouble editing genes in fish embryos and were not sure of the success of Crispr – Cas9 in animal cells. Large, on the other hand, has published data showing that the CRISPR – Cas9 edition worked in human and mouse cells, which is why the patent court reigned in favor of Broad.
The University of California and the University of Vienna challenged the decision of the patent court, saying that it had wrongly granted patents to the first part to use the CRISPR-CAS9 edition, rather than the first part to invent it. The court agreed, claiming that the court was wrongly focusing on the uncertainty of scientists on the success of technology in animal cells. In its recent decision, the court noted that Doudna and Charpentier did not need to ensure that their invention would work to obtain the credit to design it. What was important is that Doudna and Charpentier defined the invention and that CRISPR – Cas9 finally worked without new discoveries or major experiences.
