b'public interest and social responsibility of using this powerful technology. WHAT NOTABLE COMPANIES HAVE CRISPR-Cas9 is a revolutionary gene-editing technologyLICENSED CRISPR-Cas9 TO DEVELOP that allows researchers to cut and modify DNA sequences in living cells. It has the potential to transform medicine, agricul- PRODUCTS?ture, biotechnology and many other fields.However, the ownership and licensing of this technology isCorteva Agriscience (which declined to be interviewed for this also a source of legal disputes and controversies among vari- story) boasts the largest collection of patents related to CRISPR ous parties. Anyone who thought gene editing would level thetechnology in agriculture globally. The company possesses playing field and open a world of new breeding possibilities freenon-exclusive global rights to the Broad Institutes CRISPR-Cas9 from the high costs of working in the GM space might want topatents specifically for agricultural purposes. Moreover, Corteva think again, thanks tothe complicated world of gene editingholds exclusive global rights to UC Berkeleys CRISPR-Cas9 patents. technology for major row crops, alongside non-exclusive global The Race is On rights for all agricultural uses and applications. The patent race for CRISPR-Cas9 began in 2012, when manyAdditionally, Corteva has secured a license from ERS Genomics research groups filed their patent applications for the technol- covering agricultural applications in plants. The company also ogy. One group, led by Jennifer Doudna at the Universitypossesses its own patents, including those associated with its of California, Berkeley (UC Berkeley) and EmmanuelleCRISPR-Cas waxy corn product. Charpentier, then at Ume University in Sweden, publishedBayer, BASF and Syngenta all hold non-exclusive rights to the a paper describing how the bacteria CRISPR-Cas9 immuneBroad Institutes CRISPR-Cas9 technology for its application in system works. agriculture. Bayer also possesses non-exclusive rights to ERS Subsequently, in early 2013, several groups, including the UC Berkeley crew and the Broad Institute of MIT and HarvardGenomics CRISPR-Cas9 technology. (the Broad Institute), published papers demonstrating the use ofHowever, with the exception of Bayer, whose legacy company CRISPR-Cas9 in human and animal cells. Both groups soughtMonsanto obtained a license from ToolGen in 2017, Corteva, to patent the technology in various countries. BASF, and Syngenta could be required to secure a license from Since then, legal battles have ensued over the intellectualToolGen if ToolGen emerged as the ultimate winner of the CRISPR property (IP) rights of CRISPR-Cas9, especially in the Unitedbattle, according to Yoori Kim, chief legal officer for ToolGen. States, where the two groups have been involved in a series of patent interference proceedings before the U.S. Patent and Trademark Office (USPTO). The main issue now is who is the first inventor.So far, the USPTO has ruled in favour of the Broad Institute. However, the UC Berkeley group has appealed the decisions, and the litigation is still ongoing. HOW IS CRISPR-Cas9 LICENSED FOR Another player, South Koreas ToolGen, has also entered theCOMMERCIAL VS. NON-COMMERCIAL space, complicating things even more.The patent situation for CRISPR-Cas9 is also complex andUSE?uncertain in other countries outside the United States, where different patent offices have reached different conclusions aboutThe developers of CRISPR-Cas9 have provided free access to the the validity and scope of the patents. For example, in Europe,technology for individuals engaged in non-commercial research. the European Patent Office (EPO) has granted patents to thoseIn essence, this offer extends to those conducting fundamental three but has also revoked some of them due to opposition fromlaboratory investigations within public universities. one another, some unanimously. For the commercialization of products arising from CRISPR-In China and Japan, the patent offices have granted patents to all three but have also rejected some of them due to lack ofCas9 applications, the developers who hold the foundational novelty and/or inventive step. patents have established intermediary entities. These surrogate In Canada, the patent landscape for CRISPR-Cas9 iscompanies facilitate the licensing of CRISPR-Cas9 patents to still developing, as most of the patent applications are stillglobal enterprises, enabling them to leverage the technology in pending examination by the Canadian Intellectual Propertythe development and commercialization of products.Office (CIPO). However, in July 2021, CIPO granted the first Canadian patent for CRISPR-Cas9 to the Broad Institute and JANUARY 2024GERMINATION.CA 5'