The University of California will be authorized to renew the patent for the patent
February 14, 2019 Source: Science and Technology Daily
Window._bd_share_config={ "common":{ "bdSnsKey":{ },"bdText":"","bdMini":"2","bdMiniList":false,"bdPic":"","bdStyle":" 0","bdSize":"16"},"share":{ }};with(document)0[(getElementsByTagName('head')[0]||body).appendChild(createElement('script')) .src='http://bdimg.share.baidu.com/static/api/js/share.js?v=89860593.js?cdnversion='+~(-new Date()/36e5)];The intricate intellectual property landscape in the field of genetic editing is re-emerging.
According to the documents issued by the USPTO on February 8, the CRISPR-Cas9 basic patent (Patent Application No. US13/842,859) filed by the University of California in March 2013 will be authorized. The official patent certificate will be issued in approximately 6 to 8 weeks.
"The scope of the authorized method claims is quite large, including prokaryotic and eukaryotic, and in vitro." Zhu Xueyu, patent attorney of Beijing Xinhui Yongguang Intellectual Property Agency Co., Ltd., who has long been concerned about the progress of CRISPR patents, told the Science and Technology Daily reporter. "The authorization of this patent is actually only a matter of time. After all, the Dudner team was the first to report the use of CRISPR for gene editing, and there is no controversy in innovation."
The patent for the patent that lasted for many years was mainly between the Zhang Feng team at the Bode Institute and the Dudner team at the University of California at Berkeley. Although it was the first patent applied by the University of California at Berkeley, the Bode Institute first obtained the patent for the application of CRISPR in the eukaryotic field through the fast track. Therefore, Dudner believes that they invented the technology before the Bode Institute and proposed to veto the patents of the Bode Institute through the “contradictory review†procedure.
In February 2017, the US Patent Trial and Appeals Board announced that the US Patent and Trademark Office granted the Bode Institute's patent for the editing of the eukaryotic genome of CRISPR, without interfering with the relevant patents of the University of California. In September last year, the US Court of Appeals for the Federal Circuit ruled that the US Patent Trial and Appeal Board's decision was upheld.
Zhu Xueyu said that the focus of the CRISPR patent dispute is who has a patent for the application of this technology in mammalian cells. "Dudena had a metaphor before. Zhang Feng wanted to protect the green tennis. She wanted to protect all the tennis balls. Based on the authorization conditions for the invention of this special type of invention, the USPTO considered that the patents of both parties were even in technology. They are related to each other and can be independently authorized in the sense of patent law."
"Since the US Patent and Trademark Office and the court system have determined that Zhang Feng and Dudner's patents are independent of each other, I feel that the CRISPR patent war has come to an end in the United States. The two sides should consider how to cooperate afterwards." Zhu Xueyu said.
In fact, after six years of tens of millions of dollars in litigation, the Bode Institute has initially demonstrated willingness to cooperate. The institute's spokesperson David Cameron said the new patent licensing decision "will not affect the CRISPR patents held by the Bald Institute, MIT and Harvard University in any way."
At the same time, David said: "We still believe that it is the best way to reach an agreement with the University of California for the entire field. Therefore, we have repeatedly sought the participation of the University of California for more than six years, including direct cooperation and through the patent pool. These initiatives have already begun before the University of California has an exclusive, full commercial license for related intellectual property, and we will continue to seek cooperation."
Even so, the battle for patents will continue for a long time because of the amazing value of the market. "Because other teams have applied at almost the same time, some of Zhang Feng's patents have been objectioned in Europe, which is normal." Zhu Xueyu believes.
There is also a view that CRISPR technology is expected to win the Nobel Prize, but it is only because it is impossible to judge the true patent ownership, it is too late to judge the winners. It is reported that Nixon Han, a historian at the University of Düsseldorf, Germany Sen believes that according to historical experience, the Nobel Prize Committee has never been influenced by external factors, so it will not be affected by the patent battle. (Reporter Xiu Xiuying)
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