Modern gene-editing technology, such as CRISPR/Cas technology, represents a ground-breaking advancement that has transformed our genetic engineering capabilities and has enormous potential for revolutionising medicine, food production, research, and bioenergy production.

In the agricultural field, CRISPR/Cas technology offers numerous advantages, such as the ability to eliminate allergens, increase nutritional content, improve growth rates, and reduce food waste. However, this technology faces a complicated and evolving regulatory framework and patent landscape in Europe.

In the patent field, CRISPR/Cas technology has sparked intense patent battles in Europe, with significant implications for innovation and market competition in every technology sector that uses CRISPR/Cas technology. Multiple institutions, including the Broad Institute; the University of California-Berkeley, the University of Vienna, and Emmanuelle Charpentier (together, “CVC”); Vilnius University; Toolgen; and Sigma-Aldrich have sought to secure patents for various aspects of CRISPR/Cas technology. However, the Broad Institute and CVC remain the key players.

…

The CRISPR patent landscape in Europe remains complex. Both the Broad Institute and CVC have suffered losses, but still have patent filings that are granted or pending with wide claims that sit over the original technology. Further battles before the EPO Boards of Appeal remain to determine who will come out with the strongest coverage, if any. Other parties such as Toolgen and Sigma-Aldrich also have patent portfolios that cover parts of the original technology. In short, there is no clear freedom to operate for companies in Europe yet.

This is an excerpt. Read the original post here