Saturday, February 06, 2016

The Los Angeles Times does CRISPR patent battle

The article The billion-dollar CRISPR patent battle: A case of big money shaping science discusses the patent interference battle between Doudna and Zhang .

Of some interest:

Because the initial Doudna and Zhang patent filings predated the change, the old rules apply. But it's still a complicated chronology. UC filed a broad patent for Doudna, Charpentier and two colleagues in 2013, and the Broad for a dozen patents on behalf of Zheng and several colleagues starting a few months later. But the Broad asked for "fast-track" examination, so its patents got issued before the examination of UC's more extensive claims was complete.

Of Zhang's filing date, from a previous IPBiz post:

**Of the Zhang patent, as noted in an IPBiz post in March 2015 [ CRISPR is high profile in science, patents; competitor labeled a mere second comer ]:

US 8,945,839 issued on February 3, 2015. A "Track I" request had been made on 18 April 2014. A final rejection was issued on 18 Nov. 2014, with claims 1-28 rejected as anticipated over Jinek, WO'772 (later identified as Doudna). There was an issue of whether or not the priority documents to WO 2013/176772 supported the later disclosure. In this, there was an issue that the patent applicant had presented only arguments of counsel, with the examiner citing to In re Huang, 100 F.3d 136, 139 (CAFC 1996 ) and In re De Blauwe, 736 F.2d 699, 705 (CAFC 1984 ). Applicant brought up arguments made to the EPO about a Jinek journal publication, which were not of interest to the USPTO.
In a response filed 1 Dec. 2014, applicant was especially harsh to the Doudna application: "Doudna is nothing more than a mere 'second comer' and had no CRISPR-Cas invention prior to Feng Zhang."

One notes that the non-provisional application underlying Zhang's 8,945,839 patent was filed April 18, 2014.
The priority claim in the patent states

This application is a continuation of U.S. application Ser. No. 14/183,429 filed Feb. 18, 2014, which is a continuation of U.S. patent application Ser. No. 14/054,414 filed Oct. 15, 2013, now U.S. Pat. No. 8,697,359, which claims priority to U.S. provisional patent application 61/842,322 having Broad reference BI-2011/008A, 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 having Broad reference BI-2011/008, BI-2011/008, Broad reference BI-2011/008, and BI-2011/008 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.



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