This article posted on our partner site Mondaq.com discusses an ongoing patent battle between the University of California and the Broad Institute over the control of patent rights related to a revolutionary gene editing technology, “CRISPR”. While the University of California was first to file its patent application, the Broad Institute exercised a “priority examination option” to have its applications reviewed more quickly. The author highlights the complexities of this ongoing battle to highlight the risks associated with publicly disclosing ground-breaking research findings, especially when their most valuable applications await being realized in practice. For deal negotiators who are drafting licensing agreements and/or patent applications, take a read of this article and pay attention to the confidentiality provisions of your license or transfer agreement, and consider the necessity of a freedom to operate search in advance of public disclosure of your business or technology processes.
This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. The reader should also note that the laws may change from time to time, and this article may not provide up-to-date information. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. You will need to initially log in to Mondaq.com in order to access their learning posts