Global patent landscape in CRISPR-Cas

The CRISPR-Cas system is a revolutionary gene-editing technology that has gained immense attention in recent years. The global patent landscape of the CRISPR-Cas system is a complex and rapidly evolving area of intellectual property law. The technology has been the subject of intense patent battles between academic institutions and companies seeking to commercialize it. The United States is the dominant jurisdiction for CRISPR-Cas patent filings, with more than half of all patent applications being filed in the country. The patent landscape is constantly changing, with new patent applications being filed and granted every year. The potential of CRISPR applications is enormous and spans across various domains, such as the mass production of cost-effective products, sensitive diagnostics, genetic disease treatments, and commercially significant crops that are crucial for food security. Due to its widespread adoption and significant advancements, the Nobel Prize for Chemistry in 2020 was awarded to Jennifer Doudna and Emmanuel Charpentier. Many universities and private companies filed interrelated patents for intellectual property rights to commercialize CRISPR-based products. As a result, acquiring a license from the rightful owner for commercial development is necessary to create competing products using CRISPR technology. This chapter focuses on the advancements made in CRISPR technology. Additionally, we cover the concepts of exclusive and surrogate licensing in CRISPR, as well as the ongoing patent dispute between UC Berkeley and the Broad Institute of Massachusetts Institute of Technology (MIT). Furthermore, we provide an overview of the worldwide CRISPR patent and intellectual property landscape, and how they are allocated across the agricultural, medical, and industrial sectors.