This article posted on our partner site Mondaq.com discusses an ongoing patent battle between the University of California and the Broad Institute over the control of patent rights related to a revolutionary gene editing technology, “CRISPR”. While the University of California was first to file its patent application, the Broad Institute exercised a “priority examination option” to have its applications reviewed more quickly.

The author highlights the complexities of this ongoing battle to highlight the risks associated with publicly disclosing ground-breaking research findings, especially when their most valuable applications await being realized in practice. For deal negotiators who are drafting licensing agreements and/or patent applications, take a read of this article and pay attention to the confidentiality provisions of your licence or transfer agreement, and consider the necessity of a freedom to operate search in advance of public disclosure of your business or technology processes.