b"The granting of this patent could have significant implications for the Canadian biotechnology sector, as it could affect the access and affordability of CRISPR-Cas9 for research and development purposes. Depending on the terms and conditions of the license agreements, Canadian researchers and companies may have to pay royalties or fees to use the technology or may face legal chal-lenges if they infringe the patent. Alternatively, they may seek to use other gene-editing technologies that are not covered by the patent, or to chal-lenge the validity or scope of the patent in court.Navigating the CRISPR PatentMine FieldBusiness owners like Skori who are currently shopping around for a gene editing platform find themselves navigat-ing a complicated landscape and trying to decide which direction to take. To Yoori Kim is chief legal officer for Toolgen. obtain a CRISPR patent, the innovation must meet certain criteria: it has to be novel, unique, and serve a specific func-In Japan, the patent office has grantedtion, Skori notes. The challenge arises in HOW IS CRISPR-CAS9 patents to the Broad Institute but hasthe fact that the gene editing platform, LICENSED FOR COMMERCIAL also allowed the UC Berkeley group todespite being a physical entity, exists on amend its claims to cover CRISPR-Cas9 ina microscopic scale, making it difficult to VS. NON-COMMERCIAL USE? eukaryotic cells. conceptualize, he explains. In Canada, the patent landscape forEssentially, what makes it compli-The inventors of CRISPR-Cas9 have provided freeCRISPR-Cas9 is still developing, as mostcated is that it's a tangible thing, yet it of the patent applications filed by the twooperates at a level that's hard to grasp, access to the technology for individuals engagedgroups are still pending examination byhe says. At its core, a gene editing plat-in non-commercial research. In essence, thisthe Canadian Intellectual Property Officeform is delivered as a set of instructions. offer extends to those conducting fundamental(CIPO). However, in January 2023, CIPOWhile it is a physical entity you're paying laboratory investigations within public universities.granted the first Canadian patent forfor, the process involves receiving the CRISPR-Cas9 to the UC Berkeley group.genetic sequence and then incorporating For the commercialization of products arisingThe Canadian patent is licensed toit into the plant.from CRISPR-Cas9 applications, the inventors,ERS Genomics, a company founded byOnce activated, it physically gener-who hold the foundational patents, haveCharpentier to commercialize the tech- ates the gene editing system. So, in a way, established intermediary entities. These surrogatenology. According to ERS Genomics, thisyou're acquiring a tangible product, but the companies facilitate the licensing of CRISPR-Cas9patent is the first of many that it expectsmeans of obtaining it involves receiving and patents to global enterprises, enabling them toto be granted in Canada, covering variousexecuting instructions within the plant. aspects of CRISPR-Cas9. Different tools offer varying functionali-leverage the technology in the development andAlthough it took some time to obtainties, and companies must evaluate their commercialization of products. this first Canadian patent, it is one of theintentions when choosing a system, Skori most comprehensive and inclusive patentssays. in the ERS portfolio to date. Canada has anCost considerations are significant impressive history in the life science arena,and vary based on the size of the com-and we foresee CRISPR playing an impor- pany. Efficiency is crucial too, because tant role in the future of Canadian bio- saving money might be counterproduc-tech, said the companys VP of Intellectualtive if the chosen system is not efficient, Property and Corporate Developmentultimately resulting in wasted time and Michael Arciero in a statement.additional costs, he adds.SW20/ SEEDWORLD.COMFEBRUARY 2024"