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The 9-month-old patent battle over CRISPR, a novel genome-editing tool that could have immense commercial value, has taken two surprising twists. Last week, attorneys for the Broad Institute in Cambridge, Massachusetts, one of the research organizations vying for CRISPR rights, submitted motions that could let it win even if it loses. And yesterday, a new player in the drama, a French biopharmaceutical company called Cellectis, may have made the whole fight moot, revealing it has just been issued patents that it says broadly cover genome-editing methods, including CRISPR.
The Broad Institute, a marriage between Harvard University and the Massachusetts Institute of Technology, holds 13 CRISPR patents that are under fire from the University of California (UC) and two co-petitioners. This past January, the U.S. Patent and Trademark Office (PTO) said it would review the patent claims in what’s known as an interference proceeding. That has triggered an epic legal battle over CRISPR intellectual property (IP) that centers on the Broad Institute’s issued patents and a patent application from UC that’s still under review.
On 28 September the Broad Institute asked patent office officials to separate...