Inventive Steps: The CRISPR Patent Dispute and Scientific Progress

EMBO Reports, Vol. 18, pp. 1047-1050 (2017)

5 Pages Posted: 28 Jun 2017 Last revised: 27 Dec 2017

Jacob S. Sherkow

New York Law School; Columbia University - Department of Health Policy and Management; Center for Advanced Studies in Biomedical Innovation Law

Date Written: July 6, 2017

Abstract

Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — and how they are not.

Keywords: patent, nonobviousness, invention, crispr, science, biotechnology, intellectual property, ipr, broad, berkeley, doudna, zhang, charpentier, licensing

JEL Classification: K00, K23, K41, O3, O34, D23, K11

Suggested Citation

Sherkow, Jacob S., Inventive Steps: The CRISPR Patent Dispute and Scientific Progress (July 6, 2017). EMBO Reports, Vol. 18, pp. 1047-1050 (2017). Available at SSRN: https://ssrn.com/abstract=2993133

Jacob S. Sherkow (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212.431.2355 (Phone)

HOME PAGE: http://www.nyls.edu/faculty/faculty-profiles/faculty_profiles/jacob-s-sherkow/

Columbia University - Department of Health Policy and Management ( email )

600 West 168th Street, 6th Floor
New York, NY 10032
United States

Center for Advanced Studies in Biomedical Innovation Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

HOME PAGE: http://jura.ku.dk/cebil/staff/

Register to save articles to
your library

Register

Paper statistics

Downloads
91
rank
261,946
Abstract Views
468
PlumX