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by akiselev 3804 days ago
How about the way we do it now, with patents on devices, therapies, and drugs that are approved by the FDA instead of on the techniques used to develop them? There is even a way to extend the patent life of these developments to account for the amount of time it takes to receive government approval with a maximum term of 14 years after approval [1]. Patenting such a fundamental technique as CRISPR will only set back research for more than a decade and prevent most investors from funding further research while giving companies a huge headstart if they are located outside of the USPTO's jurisdiction.

[1] http://www.fda.gov/Drugs/DevelopmentApprovalProcess/SmallBus...

1 comments

The technique used to develop the therapy is not really what is being patented here. In practice, anyone will be able to use CRISPR for research purposes or to develop therapies. The question is, why would you invest in using this to develop a product when you can't actually sell the therapy? The product in question here is a therapeutic CRISPR composition for use in human cells. Lots of people will still invest in the technology and research because it is so valuable. If you invent a novel variant with better cutting properties, for instance, or a modification that reduces toxicity, those would be novel compositions of matter and could easily be the foundation of a new business venture.