The encyclopedia · R&D & Science · Legal decision · 2012
The CRISPR patent fight between Berkeley and the Broad Institute lasted a decade
UC Berkeley's Doudna and Charpentier invented CRISPR gene editing. The Broad Institute's Zhang filed a patent first. A decade-long patent dispute followed.
University of California, Berkeley · Broad Institute · 2012-12
What happened
In 2012, Jennifer Doudna (UC Berkeley) and Emmanuelle Charpentier (then at Umeå University) published the foundational paper describing CRISPR-Cas9 as a gene-editing tool. In December 2012, Feng Zhang (Broad Institute of MIT and Harvard) filed a patent application for CRISPR-Cas9 use in eukaryotic cells, which was granted in 2014 under an accelerated review process.
UC Berkeley challenged the patent, arguing that Doudna and Charpentier's earlier publication constituted prior art. The dispute became one of the most consequential patent battles in biotechnology history, with billions of dollars in licensing revenue at stake. The US Patent Office initially ruled in Zhang's favor, but the legal battle continued through multiple appeals.
In 2020, Doudna and Charpentier were awarded the Nobel Prize in Chemistry for the development of CRISPR, while Zhang was not included. The patent dispute was eventually settled with both institutions sharing licensing rights. The case illustrated how the patent system's 'first to file' rule can conflict with the scientific community's 'first to publish' norm, and how the race to patent can overshadow the science itself.
Why it happened
- Doudna and Charpentier published the foundational CRISPR paper; Zhang filed a patent first.
- The US patent system's 'first to file' rule conflicted with the 'first to publish' scientific norm.
- The dispute lasted over a decade, with billions in licensing revenue at stake.
- The Nobel went to Doudna and Charpentier; the patent was eventually shared.
The lesson
The patent system rewards the first to file; science rewards the first to publish. CRISPR's inventors published first, but the Broad filed first. The Nobel settled the science.
Aftermath
Doudna and Charpentier won the 2020 Nobel Prize in Chemistry. The patent dispute was settled with shared licensing. The case influenced discussions about patent reform in biotechnology and the relationship between academic publication and intellectual property.
Sources
- CRISPR gene editing patent dispute — Wikipedia
- Appeals court reopens CRISPR patent question — STAT News (May 2025)
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