The US Patent and Trademark Office (USPTO)
has upheld a series of patents granted for
CRISPR-Cas9 gene editing to the Broad Institute
of MIT and Harvard.
The hotly anticipated decision could conclude
a contentious battle between the Broad Institute
in Cambridge, Massachusetts, and the University
of California over intellectual property rights
to the potentially lucrative technology.
Although the Broad was awarded its patents
first, the University of California was the
first of the two to apply for a patent on
the technology.
For now, the USPTO decision creates uncertainty
for companies that may want to use CRISPR-Cas9
gene editing in eukaryotic cells.
If companies are forced to seek licenses from
both sides, the cost of commercializing CRISPR-Cas9
gene editing could increase
