Anna's Deep Dives

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The Race for Patents: Who Owns CRISPR?

The battle over CRISPR patents is one of the most intense legal disputes in biotechnology. The fight centers on two key players: the University of California, Berkeley (UC Berkeley) and the Broad Institute of MIT and Harvard. Both claim they invented the use of CRISPR for gene editing in human cells.

Jennifer Doudna and Emmanuelle Charpentier, who won the 2020 Nobel Prize in Chemistry, were the first to describe CRISPR-Cas9 as a gene-editing tool in 2012. However, Feng Zhang and his team at the Broad Institute secured a U.S. patent in 2014, covering CRISPR’s use in eukaryotic cells. This gave Broad a competitive advantage in commercializing CRISPR-based therapies.

In 2022, the U.S. Patent Trial and Appeal Board (PTAB) ruled in favor of the Broad Institute, affirming its priority over eukaryotic CRISPR patents. UC Berkeley still holds key patents but faces challenges in using CRISPR for human therapies. This fragmented licensing landscape forces companies to negotiate with multiple institutions to develop CRISPR-based drugs.

The patent disputes impact billions in potential revenue. The global CRISPR market is expected to grow from $2.56 billion in 2022 to $14.65 billion by 2032. Companies like Vertex Pharmaceuticals have paid over $50 million to secure CRISPR licenses. More than 6,000 CRISPR-related patents exist globally, making it one of the most competitive areas in biotechnology.

Different countries approach CRISPR patents in unique ways. The UK passed the Genetic Technology (Precision Breeding) Act in 2024, streamlining approval for gene-edited products. Argentina, a leader in agricultural biotech, has allowed fast-tracked CRISPR approvals since 2015. The European Union is considering policies that could expand patent protections for gene-edited crops.

Patent battles can slow innovation. Disputes over licensing fees create barriers for startups and researchers. Some advocate for a patent pool, allowing shared access to CRISPR technology. Others worry that corporate control over gene editing could limit access to life-saving treatments.

With new gene-editing tools emerging, including prime and base editing, fresh legal battles are likely. The balance between protecting innovation and ensuring access will shape the next decade of biotechnology.

The Leading Gene Editing Companies & Their Technologies

The gene editing industry is growing rapidly, from $4.14 billion in 2023 to a projected $18.84 billion by 2034. Several companies are leading advancements in medicine, agriculture, and synthetic biology.

CRISPR Therapeutics co-developed Casgevy, the first CRISPR-based therapy approved for sickle cell disease and beta thalassemia. In trials, 39 out of 42 beta thalassemia patients stopped needing blood transfusions. The company is also developing allogeneic CAR-T cell therapies for cancer, a market expected to reach $88.3 billion by 2032.

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