PTAB Backs Broad Institute in CRISPR Patent Dispute

Ruling affirms Broad's claim to invention of CRISPR-Cas9 gene editing in eukaryotic cells

Mar. 27, 2026 at 9:48am

Got story updates? Submit your updates here. ›

The U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) has reaffirmed its original decision that the Broad Institute, MIT, and Harvard University were the first to invent the use of CRISPR-Cas9 gene editing in eukaryotic cells, overruling claims by the University of California, Berkeley and its partners.

Why it matters

This ruling is a major victory for the Broad Institute in its long-running patent dispute over CRISPR technology, which has significant commercial and scientific implications. It solidifies the Broad's position as a key player in the development of this revolutionary gene-editing tool.

The details

The PTAB concluded that the Broad inventors were the first to actually reduce the CRISPR-Cas9 technology to practice in eukaryotic cells, despite the pioneering work of Jennifer Doudna and Emmanuelle Charpentier in inventing the CRISPR-Cas9 system. This decision prevents 14 CVC patent applications from moving forward, though CVC still holds over 60 U.S. and 40 international patents related to CRISPR-Cas9.

  • The PTAB decision was announced on March 26, 2026.
  • In 2022, the PTAB originally ruled in favor of the Broad Institute.
  • Last year, the U.S. Court of Appeals for the Federal Circuit remanded the case to the PTAB to reconsider its 2022 decision.

The players

Broad Institute

A research institute that includes the Massachusetts Institute of Technology and Harvard University, and was found to have first invented the use of CRISPR-Cas9 gene editing in eukaryotic cells.

University of California, Berkeley

Home institution of Jennifer Doudna, who along with Emmanuelle Charpentier, is widely recognized as the inventor of the CRISPR-Cas9 gene editing technology.

Jennifer Doudna

A professor at the University of California, Berkeley and co-inventor of the CRISPR-Cas9 gene editing system, who was awarded the 2020 Nobel Prize in Chemistry for this breakthrough.

Emmanuelle Charpentier

A scientist who was then at Umeå University in Sweden and co-inventor of the CRISPR-Cas9 gene editing system, who was awarded the 2020 Nobel Prize in Chemistry for this breakthrough.

U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB)

The administrative court within the USPTO that adjudicates patent disputes, and which has now twice ruled in favor of the Broad Institute in this CRISPR patent case.

Got photos? Submit your photos here. ›

What’s next

The University of California is disappointed by the PTAB's decision and may consider further appeals, though the Broad Institute has now prevailed at multiple stages of this long-running patent dispute.

The takeaway

This ruling solidifies the Broad Institute's position as a key player in the development of the revolutionary CRISPR-Cas9 gene editing technology, despite the pioneering work of Doudna and Charpentier. The decision has significant commercial and scientific implications, as it determines who holds the key patents on this transformative biotechnology.