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Intellectual Property Law

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Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow Jan 2017

Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow

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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 — …


Who Owns Gene Editing? Patents In The Time Of Crispr, Jacob S. Sherkow Jan 2016

Who Owns Gene Editing? Patents In The Time Of Crispr, Jacob S. Sherkow

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New gene-editing technologies, like CRISPR, promise revolutionary advances in biology and medicine. However, several patent disputes in the USA and UK may have complicated who can use CRISPR. What does this mean for the future of gene editing?