CRISPR Processes Patents in Green Biotechnology: Collaborative Licensing Models

A strong patent system is necessary to enable innovation by incentivising investments in research and development (R&D) and promoting the dissemination of knowledge, including through licensing, as this is considered vital for the development and commercialisation of new products. The new genomic techniques (NGTs) defined by the European Union (EU) in 2021 include the CRISPR system which can selectively modify DNA sequences in a genome. More than 11,000 CRISPR-related patent applications have already been filed worldwide mainly in USA and China. The proliferation of patents on CRISPR for green biotechnology applications and the dispute between two of the technology’s inventors (UC Berkeley and the Broad Institute of MIT, USA) could be barriers to innovation. With regard to intellectual property (IP) and the patent protection, the conditions and opportunities of alternative licensing models to overcome the difficulties created by the complex patent landscape of CRISPR technology are examined. Patent pools and clearing houses are the two models attracting most interest that leads to a one-stop licensing point allowing cross-licensing and facilitating freedom to operate. The conditions for success and acceptability of collaborative licensing platforms are discussed.