Five things you need to know about using CRISPR/Cas9 commercially

By Michael Arciero, vice president of intellectual property and corporate development, ERS Genomics

Michael Arciero, ERS Genomics

CRISPR/Cas9 gene editing technology is a patented invention, so any commercial use requires a license. Despite the confusion caused by several high-profile patent interference cases, the patent landscape for CRISPR/Cas9 is clearer than you may think.

Here are the 5 key facts you need to know, so you can secure the licenses that will protect your product and your company.

1: If you’re using CRISPR/Cas9 in the U.S., a Broad license may not be enough

There has been some understandable confusion regarding CRISPR/Cas9 patents in the U.S. following the high-profile patent interference situation between the Broad Institute and the University of California, the University of Vienna, and Emmanuelle Charpentier (collectively known as CVC).

Although some patent disputes are still ongoing between these two organizations, the overall take-home message is not as complicated as it may seem. The US Patent Trial and Appeal Board (PTAB)-initiated interference between CVC and the Broad – which is currently under appeal – only applies to certain CVC applications with claims limited to use of CRISPR/Cas9 in eukaryotic cells.

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genomics
crispr
gene editing