Securing Meaningful IP For Gene-Edited Crops

A recent Federal Circuit decision touches on the enablement standard for prior art v. under the standard to obtain patent protection.  While the case focuses on gene editing technology and the varying legal standard, the practical lessons apply to a major area of innovation in the agricultural industry: gene editing.

Gene editing in agriculture, particularly using CRISPR Cas-9 technology, allows for precise and rapid changes to plant DNA to improve traits like disease resistance, drought tolerance and improved nutrition.  IP protection for these crops is critical to commercialization and monetization of such IP can provide companies with robust licensing opportunities. But challenges in obtaining such IP remain, and especially focus around whether the patent claims being pursued are enabled to their full scope.