Patent litigation for CRISPR Cas technology: European and U.S. Perspectives

Abstract

This thesis delves into the intricate landscape of patent litigation surrounding CRISPR Cas technology analyzing its evolution and legal ramifications in Europe and the United States. The acronym stands for Clustered Regularly Interspaced Short Palindromic Repeats, while Cas identifies an associated protein. Together the complex is a gene editing technology able to make targeted cuts on a DNA sequence acting as a sort of molecular scissors. The first chapter analyzes the origins of CRISPR Cas, tracing its discovery, applications, and implications for human welfare. It provides insight into the litigation for the protection of its intellectual property between two main actors: The Regents of the University of California, University of Vienna, and Emmanuelle Charpentier (“CVC”) on one side, and The Broad Institute, Inc., Massachusetts Institute of Technology, and President and Fellows of Harvard College (“Broad”) on the other side. The patent litigation is scrutinized both in Europe and the United States, delineating key patents, legal proceedings, and jurisdictional decisions. The second chapter shifts focus to examine the legal requirements for patentability of the broader category of genome editing technologies across different jurisdictions, notably Europe, the United States, and China. Contrasts and implications for innovators and patent holders from different legal frameworks governing the patentability of CRISPR Cas and related technologies are highlighted. Finally, the last chapter of this thesis probes into the multifaceted web of licensing agreements and their implications for commercialization and innovation, focusing also on the ethical uncertainties surrounding CRISPR Cas technology. The technique has opened a new era of molecular biology, and its potential applications are countless and cannot be ignored; however, there are still several risks to overcome, and enhancements are required to unleash the technology’s potential and ensure maximum benefit while limiting danger. The thesis therefore aims to examine concerns regarding intellectual property rights, equitable access, and ethical implications of this genome editing technique which is likely to change the course of molecular biology and whose property will be fundamental to secure the high financial returns it will surely generate.