Will there be an interference between the Zhang and Doudna work on CRISPR?
Xconomy discusses the brewing confrontation on CRISPR patents
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http://www.xconomy.com/san-francisco/2015/04/15/doudna-berkeley-gain-experts-backing-in-crispr-patent-fight/
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The PTO has not said whether it would re-open the case—a procedure that’s called “interference,” in patent-speak—but the Doudna camp has submitted thousands of pages of documentation to press its case. The documents were made available on the PTO website Monday.
A key element of the Berkeley group’s argument why it, and not Zhang’s group, deserve CRISPR/Cas9 ownership is a long written declaration from Dana Carroll of the University of Utah, who is considered a pioneer in the field of gene editing.
One of Carroll’s key arguments is that he and other scientists were able to use the descriptions of the Berkeley group—in a seminal paper published in Science in 2012 and then in the group’s patent application—to carry out their own CRISPR/Cas9 experiments in several kinds of cells, including eukaryotic cells—that is, from life forms more advanced than bacteria. “Not only do the applications provide this clear disclosure of the use of the compositions in eukaryotic cells, they also provide detailed descriptions of numerous steps that could be taken to apply the system to a eukaryotic cell environment,” Carroll wrote. (He also disclosed that he was paid for his work in support of the Berkeley patent.)
His argument rebuts a main point of the Broad patent: that the work of Zhang’s group made CRISPR-Cas9 editing a reality in eukaryotic cells and is therefore the invention when it comes to real-world uses, such as human therapeutics.
** The Doudna '797 application claims priority as follows:
[0001] This application claims the benefit of U.S. Provisional Patent Application Nos. 61/652,086 filed May 25, 2012, 61/716,256 filed Oct. 19, 2012, 61/757,640 filed Jan. 28, 2013, and 61/765,576, filed Feb. 15, 2013, each of which applications is incorporated herein by reference in its entirety.
** One paper in Science
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http://www.xconomy.com/san-francisco/2015/04/15/doudna-berkeley-gain-experts-backing-in-crispr-patent-fight/
--
Text:
The PTO has not said whether it would re-open the case—a procedure that’s called “interference,” in patent-speak—but the Doudna camp has submitted thousands of pages of documentation to press its case. The documents were made available on the PTO website Monday.
A key element of the Berkeley group’s argument why it, and not Zhang’s group, deserve CRISPR/Cas9 ownership is a long written declaration from Dana Carroll of the University of Utah, who is considered a pioneer in the field of gene editing.
One of Carroll’s key arguments is that he and other scientists were able to use the descriptions of the Berkeley group—in a seminal paper published in Science in 2012 and then in the group’s patent application—to carry out their own CRISPR/Cas9 experiments in several kinds of cells, including eukaryotic cells—that is, from life forms more advanced than bacteria. “Not only do the applications provide this clear disclosure of the use of the compositions in eukaryotic cells, they also provide detailed descriptions of numerous steps that could be taken to apply the system to a eukaryotic cell environment,” Carroll wrote. (He also disclosed that he was paid for his work in support of the Berkeley patent.)
His argument rebuts a main point of the Broad patent: that the work of Zhang’s group made CRISPR-Cas9 editing a reality in eukaryotic cells and is therefore the invention when it comes to real-world uses, such as human therapeutics.
** The Doudna '797 application claims priority as follows:
[0001] This application claims the benefit of U.S. Provisional Patent Application Nos. 61/652,086 filed May 25, 2012, 61/716,256 filed Oct. 19, 2012, 61/757,640 filed Jan. 28, 2013, and 61/765,576, filed Feb. 15, 2013, each of which applications is incorporated herein by reference in its entirety.
** One paper in Science
Science. 2012 Aug 17;337(6096):816-21. doi: 10.1126/science.1225829. Epub 2012 Jun 28.
A programmable dual-RNA-guided DNA endonuclease in adaptive bacterial immunity.
Jinek M1, Chylinski K, Fonfara I, Hauer M, Doudna JA, Charpentier E.
** See previous posts on IPBiz, including
**One Zhang patent is US 8,697,359, titled CRISPR-Cas systems and methods for altering expression of gene products
with the first claim directed to a method:
A method of altering expression of at least one gene product comprising
introducing into a eukaryotic cell containing and expressing a DNA molecule having a target sequence and encoding the gene product an engineered, non-naturally occurring Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR)--CRISPR associated (Cas) (CRISPR-Cas) system comprising one or more vectors comprising: a) a first regulatory element operable in a eukaryotic cell operably linked to at least one nucleotide sequence encoding a CRISPR-Cas system guide RNA that hybridizes with the target sequence, and b) a second regulatory element operable in a eukaryotic cell operably linked to a nucleotide sequence encoding a Type-II Cas9 protein, wherein components (a) and (b) are located on same or different vectors of the system, whereby the guide RNA targets the target sequence and the Cas9 protein cleaves the DNA molecule, whereby expression of the at least one gene product is altered; and, wherein the Cas9 protein and the guide RNA do not naturally occur together.
Claim 8 is to a system:
8. An engineered, non-naturally occurring CRISPR-Cas system comprising
one or more vectors comprising: a) a first regulatory element operable in a eukaryotic cell operably linked to at least one nucleotide sequence encoding a CRISPR-Cas system guide RNA that hybridizes with a target sequence of a DNA molecule in a eukaryotic cell that contains the DNA molecule, wherein the DNA molecule encodes and the eukaryotic cell expresses at least one gene product, and b) a second regulatory element operable in a eukaryotic cell operably linked to a nucleotide sequence encoding a Type-II Cas9 protein, wherein components (a) and (b) are located on same or different vectors of the system, whereby the guide RNA targets and hybridizes with the target sequence and the Cas9 protein cleaves the DNA molecule, whereby expression of the at least one gene product is altered; and, wherein the Cas9 protein and the guide RNA do not naturally occur together.
**Zhang priority claims include
This application claims priority to U.S. provisional patent application 61/842,322, entitled CRISPR-CAS SYSTEMS AND METHODS FOR ALTERING EXPRESSION OF GENE PRODUCTS filed on Jul. 2, 2013. Priority is also claimed to U.S. provisional patent applications 61/736,527, 61/748,427, 61/791,409 and 61/835,931, respectively, all entitled SYSTEMS METHODS AND COMPOSITIONS FOR SEQUENCE MANIPULATION filed on Dec. 12, 2012, Jan. 2, 2013, Mar. 15, 2013 and Jun. 17, 2013, respectively.
***Part of the proposed interference is between the Zhang '359 patent (e.g., claims 1-7) and the Doudna '859 application (e.g., claim 165, 168 of 13/842,859)) , for count 1. Count 2 relates to claims 8-20 of the Zhang '395 patent vs. claims 166, 167 of the Doudna '859 application. [This is merely the basics; there is more detail, but only two counts.]
***See discussion in MIT Tech Rev:
http://www.technologyreview.com/news/536736/crispr-patent-fight-now-a-winner-take-all-match/
Todd Walters of Buchanan Ingersoll signed the suggestion of interference on behalf of UCal/Regents.
** See previous posts on IPBiz, including
WEDNESDAY, MARCH 11, 2015
**One Zhang patent is US 8,697,359, titled CRISPR-Cas systems and methods for altering expression of gene products
with the first claim directed to a method:
A method of altering expression of at least one gene product comprising
introducing into a eukaryotic cell containing and expressing a DNA molecule having a target sequence and encoding the gene product an engineered, non-naturally occurring Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR)--CRISPR associated (Cas) (CRISPR-Cas) system comprising one or more vectors comprising: a) a first regulatory element operable in a eukaryotic cell operably linked to at least one nucleotide sequence encoding a CRISPR-Cas system guide RNA that hybridizes with the target sequence, and b) a second regulatory element operable in a eukaryotic cell operably linked to a nucleotide sequence encoding a Type-II Cas9 protein, wherein components (a) and (b) are located on same or different vectors of the system, whereby the guide RNA targets the target sequence and the Cas9 protein cleaves the DNA molecule, whereby expression of the at least one gene product is altered; and, wherein the Cas9 protein and the guide RNA do not naturally occur together.
Claim 8 is to a system:
8. An engineered, non-naturally occurring CRISPR-Cas system comprising
one or more vectors comprising: a) a first regulatory element operable in a eukaryotic cell operably linked to at least one nucleotide sequence encoding a CRISPR-Cas system guide RNA that hybridizes with a target sequence of a DNA molecule in a eukaryotic cell that contains the DNA molecule, wherein the DNA molecule encodes and the eukaryotic cell expresses at least one gene product, and b) a second regulatory element operable in a eukaryotic cell operably linked to a nucleotide sequence encoding a Type-II Cas9 protein, wherein components (a) and (b) are located on same or different vectors of the system, whereby the guide RNA targets and hybridizes with the target sequence and the Cas9 protein cleaves the DNA molecule, whereby expression of the at least one gene product is altered; and, wherein the Cas9 protein and the guide RNA do not naturally occur together.
**Zhang priority claims include
This application claims priority to U.S. provisional patent application 61/842,322, entitled CRISPR-CAS SYSTEMS AND METHODS FOR ALTERING EXPRESSION OF GENE PRODUCTS filed on Jul. 2, 2013. Priority is also claimed to U.S. provisional patent applications 61/736,527, 61/748,427, 61/791,409 and 61/835,931, respectively, all entitled SYSTEMS METHODS AND COMPOSITIONS FOR SEQUENCE MANIPULATION filed on Dec. 12, 2012, Jan. 2, 2013, Mar. 15, 2013 and Jun. 17, 2013, respectively.
***Part of the proposed interference is between the Zhang '359 patent (e.g., claims 1-7) and the Doudna '859 application (e.g., claim 165, 168 of 13/842,859)) , for count 1. Count 2 relates to claims 8-20 of the Zhang '395 patent vs. claims 166, 167 of the Doudna '859 application. [This is merely the basics; there is more detail, but only two counts.]
***See discussion in MIT Tech Rev:
http://www.technologyreview.com/news/536736/crispr-patent-fight-now-a-winner-take-all-match/
Todd Walters of Buchanan Ingersoll signed the suggestion of interference on behalf of UCal/Regents.
posted by Lawrence B. Ebert at 2:48 AM
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