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In the United States, the Broad has had better fortune. It has so far prevailed in a high-profile patent dispute with the University of California (UC), Berkeley. Last February, the U.S. Patent Trial and Appeal Board ruled that although a team led by UC Berkeley structural biologist Jennifer Doudna had first laid claim to the use of CRISPR to cut DNA in a test tube, the use of the method on human cells by molecular biologist Feng Zhang’s team at the Broad was still an advance . But in Europe, a dispute that has gotten much less attention could derail several key Broad patents. The patent just revoked was filed in December 2013, but to show that its claims predate competing publications and patent filings from UC and other groups, the Broad cites U.S. patent applications dating back to December 2012. Unfortunately, those earliest U.S. filings include an inventor, microbiologist Luciano Marraffini of The Rockefeller University in New York City, who was not listed on the European filing. Disagreement between Rockefeller and the Broad over Marraffini’s role in key CRISPR inventions led to a bizarre dispute,  creating conflicting, identical patents  with different authors,  The two institutions settled the disagreement earlier this week . But because of strict rules in Europe about the listing of inventors on patents, Marraffini’s exclusion from the European filing meant the Broad couldn’t claim the “priority date” of the earliest U.S. patents, and therefore couldn’t lay first claim in Europe to the technologies described. The invalidated patent is one of several facing formal “oppositions” filed with EPO.

For the original version including any supplementary images or video, visit http://www.sciencemag.org/news/2018/01/broad-institute-takes-hit-european-crispr-patent-struggle

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