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Opinion: The CRISPR patent decision didn’t get the science right. That doesn’t mean it was wrong

The CRISPR patent decision illustrates a classic disconnect between the legal standards of patent law and the realities of scientific research.

The CRISPR patent dispute between the University of California, Berkeley, and the Broad Institute is finally over. As almost everyone following the case predicted, the U.S. Court of Appeals for the Federal Circuit affirmed Monday the U.S. patent office’s decision that there was “no interference-in-fact” between UC Berkeley’s patent application and more than a dozen Broad patents. In plain English: Broad researcher Feng Zhang’s CRISPR patents were sufficiently inventive over the UC Berkeley’s patent applications with Jennifer Doudna and Emmanuelle Charpentier.

Many scientists disagree with the decision, believing that

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