UPDATE: Broad Institute claims victory in CRISPR intellectual property case

Previously we reported on the ongoing battle for intellectual property patent ownership of the CRISPR gene-editing technology between the University of California at Berkeley and the Broad Institute of the Massachusetts Institute of Technology and Harvard University. In this case, UC Berkeley challenged multiple patents filed by the Broad Institute on the grounds that they…

Appeals Court Overturns Ruling Invalidating Gene Patents

On July 29, a federal appeals court ruled that individual genes may be patented, overturning a lower court decision that had reached the opposite conclusion. The case centered on the question of whether genes were inherently products of nature.  In its ruling, the court found that genes were isolated DNA, having “been manipulated chemically so…

Gene Patents Back in Court

On Monday, the U.S. Federal Appeals Court in Washington D.C. heard testimony in a case that may well set legal precedent on the ability of companies to obtain patents on natural materials. The case centers on two patents held by Myriad Genetics that cover the BRCA1 and BRCA2 genes, mutations in which are highly linked…

Government Opposes Patenting of Individual Genes

Stepping into a case that could have wide-ranging effects on scientific researchers, the U.S. Department of Justice on Friday filed a brief that opposes the patentability of genes.  The filing represents a reversal of position for the government, which for decades has allowed the U.S. Patent and Trademark Office to grant patents on individual genes.…