Broad Institute/MIT/Harvard CRISPR Patents Survive PTO Interference
Contributed by Schwegman Lundberg & Woessner. Originally published on Patexia; republished here as part of the LexDana archive.
Yesterday, the PTAB in interference 106,048 issued a short order finding no interference- in- fact between the claims of 12 Broad Institute patents (US Patent Number 8,697,359 et al.) and the application held by The Regents of the University of California (Application Number 13/842,859). Although California (Berkeley) filed first, and was the Senior Party, the Judges found that the California claims were essentially limited to gene-editing in bacteria, and that it was not reasonably predictable that the technology would work in mammals and plants. (ed. note: My words, the detailed reasoning for the short order was not explained by the Board.)
A finding of no interference-in-fact means that the claims do not conflict to the extent that a full interference proceeding is warranted. California can continue its attempts to obtain allowance of its patent application, since the Board did not explicitly resolve the patentability issues that were raised.
The CRSPR technology demonstrates the possibility of deactivating embryonic genes before they can cause genetic disorders in newborns, and may make “genetic engineering” of animals more useful than earlier cloning technologies.
This article was originally published on Patents4Life.com.
Patents4Life is sponsored by Schwegman Lundberg & Woessner, P.A.
More insights
Fresh From the Bench: Latest Precedential Patent Case
Ridge Corp. et al. v. Kirk NationaLease Co. et al. , Appeal No. 2025-1254 (Fed. Cir. July 13, 2026) In its only precedential patent opinion last week, the Federal Circuit considered an appeal of a preliminary injunction issued by the U.S. District Court…
Fresh From the Bench: Latest Precedential Patent Cases
CASE OF THE WEEK Wyeth LLC v. AstraZeneca Pharmaceuticals LP , Appeal No. 2024-2325 (Fed. Cir. July 9, 2026) In our Case of the Week, the Federal Circuit affirmed a district court ruling reversing a $107.5 million jury verdict against AstraZeneca in a case…
Enanta Pharmaceuticals, Inc. v. Pfizer Inc., Appeal No. 2025-1427 (Fed. Cir. Jun. 23, 2026)
CASE OF THE WEEK Enanta Pharmaceuticals, Inc. v. Pfizer Inc., Appeal No. 2025-1427 (Fed. Cir. Jun. 23, 2026) In our Case of the Week, the Federal Circuit affirmed summary judgment invalidating all claims of Enanta’s Patent No. 11,358,953 as…