USPTO Affirms Broad’s CRISPR/Cas9 Patents Again, Solidifying Editas’s IP Foundation
USPTO’s Patent Trial and Appeal Board has upheld its third decision confirming Broad Institute’s priority over CVC for CRISPR/Cas9 gene editing in human cells after remand from the Federal Circuit. Editas, licensed to these patents, says IP reinforcement boosts its in vivo pipeline including EDIT-401’s >90% LDL reduction in primates.
1. Patent Interference Decision
The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board has reaffirmed its third decision that Broad Institute was first to invent CRISPR/Cas9 gene editing in human cells. This follows a Federal Circuit remand on the May 2025 ruling and upholds Broad’s priority over CVC’s competing patents.
2. Editas’s Licensing and Pipeline Impact
Editas Medicine holds an exclusive license to the affirmed Broad Institute CRISPR/Cas9 patents for development and commercialization of eukaryotic gene editing therapies. The company highlights strengthened IP support for its in vivo portfolio, notably the EDIT-401 program, which has demonstrated over 90% mean LDL cholesterol reduction in non-human primates.
3. Appeal Options and Strategic Implications
CVC retains the right to appeal this ruling back to the Federal Circuit, potentially extending the interference dispute timeline. A final resolution will influence the competitive patent landscape and could shape licensing strategies for CRISPR-based therapeutics.