Law, History and Lessons in the CRISPR Patent Conflict

Nature Biotechnology, Vol. 33, pp. 256-57, March 2015

NYLS Legal Studies Research Paper No. 2579609

2 Pages Posted: 17 Mar 2015

See all articles by Jacob S. Sherkow

Jacob S. Sherkow

University of Illinois College of Law; Carle Illinois College of Medicine; University of Illinois at Urbana-Champaign - European Union Center; University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology

Date Written: March 13, 2015

Abstract

Predicting the outcome of the ongoing patent disputes surrounding genome-editing technology is equal parts patent analysis and history.

Genome-editing technology based on clustered, regularly interspaced, short palindromic repeats (CRISPR) and CRISPR associated protein 9 (Cas9) has generated great excitement in both academia and industry. But a potential patent dispute between two sets of inventors has left the biotech community pondering its fate. Understanding several facets of patent law and history may provide some lessons about the probable — and best — outcome for the dispute.

Keywords: intellectual property, patent, biotech, biotechnology, crispr, genetics

JEL Classification: K00, K23, K41, O3, O34, D23, K11

Suggested Citation

Sherkow, Jacob S., Law, History and Lessons in the CRISPR Patent Conflict (March 13, 2015). Nature Biotechnology, Vol. 33, pp. 256-57, March 2015, NYLS Legal Studies Research Paper No. 2579609, Available at SSRN: https://ssrn.com/abstract=2579609

Jacob S. Sherkow (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Carle Illinois College of Medicine ( email )

506 S Mathews Ave
Urbana, IL 61801
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University of Illinois at Urbana-Champaign - European Union Center ( email )

Coble Hall
801 S Wright St
Champaign, IL 61820

University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology ( email )

Urbana, IL
United States

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