The Broad Institute of MIT and Harvard is poised to retain its ownership of patents covering highly sought-after gene editing technology in the U.S., following a major federal appeals court ruling on Monday.
According to McCarter & English attorney Maria Laccotripe Zacharakis, the Broad benefited from having data in its patent application showing how CRISPR/Cas9 can be used in eukaryotic cells. (McCarter & English represents Editas, the Broad, Harvard and MIT in other patent cases.)
“It’s a hard decision on how early to file and with what data to file,” Zacharakis told the Business Journal. “Patent applicants, I’m sure, are looking at this decision and evaluating the data with which they file patents.”
Marcie Clarke, another attorney at McCarter & English, said that the Federal Circuit decision is unlikely to impact any European patent proceedings.
Click to read full article: “Broad Institute Wins Landmark Case over Gene Editing Patents“