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The discovery of CRISPR has changed and brought a revolution in the field of genome engineering by providing precision and efficiency in gene editing. With the increase in the popularity of CRISPR technology, there has been an increase in the filing of patent applications relating to the technology all over the world. As the CRISPR technology provided a platform for the innovation of new products and processes, the inventors want to protect their inventions before everyone else. Focusing on the patentability of the CRISPR technology is an important factor for its development and commercialization. In India, the Indian Patents Act, of 1970, provided a platform for the patentability of patents relating to CRISPR and other biotechnology inventions. The Act clearly defines the term “invention” and also clearly states the not allowed subject matter in claimed inventions. It was difficult for an inventor from one country to file for a patent in another country before the enablement of multilateral treaties. These treaties like Paris Convention, Berne Convention, Patent Cooperation Treaty and TRIPS agreements provided the platform for an inventor to file for a patent application anywhere in the member countries of these treaties.
The CRISPR technology was a landmark discovery by Jennifer Doudna and Emmanuelle Charpentier for which they also received the Nobel Prize in 2020. Many patent applications relating to CRISPR have been filed with the IPO which indicates the increase in the use of CRISPR technology in India. The examiners while examining the patent applications for CRISPR, generally don’t find any technical advancement and hence raise the objections on lack of inventive step. With the increase in popularity, CRISPR technology became obvious to an ordinary person skilled in the art. Further, with increase in the popularity, there has been a significant increase in the patent filings of CRISPR-based applications all over the world. A question has also been raised with time over the patentability of CRISPR technology whether a patent application for CRISPR should be patentable or not. This question can vary from patent application to patent application.
Keywords: CRISPR, Patents, IP, inventive step, IPR, Indian Patents Act, patent application, patentability, grants.
