Patent Thickets and Overlap: How Attorneys and Analysts Collaborate in the CRISPR-Cas9 Maze by Joshua Beverley and Dr Michael A. Roberts

Patent Thickets and Overlap: How Attorneys and Analysts Collaborate in the CRISPR-Cas9 Maze, written by Joshua Beverley, Senior Patent Analyst at PatWorld Ltd, and Dr Michael A. Roberts, Partner at Reddie & Grose LLP, UK. In The Global IP Matrix Magazine Issue 23, Senior Patent Analyst Joshua Beverley of PatWorld Ltd and Patent Attorney Dr Michael A. Roberts, Partner at Reddie & Grose LLP, share invaluable insights with our editorial team on the legal, scientific, and strategic complexities of the CRISPR-Cas9 patent landscape. As one of the most contested and fast-evolving areas in biotechnology, CRISPR has created dense patent thickets that challenge even the most experienced IP professionals. Their combined perspectives highlight how meaningful progress in this field depends on strong collaboration between attorneys and analysts merging legal expertise with deep technical analysis to navigate overlapping claims, litigation risks, and global IP uncertainty.

The Legal and Commercial Cost of Breakthrough Innovation

Biotech innovation rarely follows a simple trajectory. CRISPR-Cas9, a technology capable of editing DNA with unprecedented accuracy, has ignited one of the most complicated patent thickets in IP history. With thousands of overlapping filings, fragmented ownership, and shifting standards across global jurisdictions, commercialising CRISPR is as much a legal feat as a scientific one.

Patent analysts have become essential partners, helping identify “white space”, assess infringement risks, and build strong litigation strategies. CRISPR-Cas9: The Technology That Sparked a Patent Wildfire

Originally discovered as a bacterial immune mechanism, CRISPR-Cas9 became a universal gene-editing tool with enormous potential in medicine, agriculture, and synthetic biology. But its transformative power triggered what Roberts calls a “patent rush”, as institutions raced to secure rights over methods, delivery systems, and applications.

The Berkeley–Broad Battle: Lessons in Timing, Scope & Interpretation

At the centre of CRISPR litigation lies the high-profile dispute between UC Berkeley and The Broad Institute over eukaryotic cell claims. Differences in filing strategy, including expedited examination, broad vs. narrow claim scope, and jurisdictional variations, have shaped years of interference proceedings, appeals, and shifting outcomes. The May 2025 Federal Circuit decision ordering a re-evaluation of PTAB’s earlier ruling underscores how unsettled this area remains. This landmark dispute demonstrates why attorneys rely on analysts to trace priority claims, assess consistency across jurisdictions, and reveal the subtle distinctions that determine enforceability.

A Patent Thicket with No Signs of Clearing

CRISPR filings rose from fewer than 100 in 2012 to more than 8,000 patent families by 2024, with annual filings stabilising around 1,300. This growth has created a dense and highly competitive maze of overlapping rights.

Roberts explains that FTO opinions are rarely binary. Analysts help break down claims, identify lapsed or unexamined filings, and reveal narrow claims that pose minimal commercial risk. Their visualisation tools, heat maps, timeline charts, and cluster analyses provide attorneys with actionable intelligence for licensing, enforcement, and investment decisions.

Why Attorney–Analyst Collaboration Is Now Essential

CRISPR has proven that biotech IP cannot be navigated by legal expertise alone. Attorneys and analysts must work as an integrated team to address:

• Freedom-to-Operate (FTO)

• Litigation research and prior art analysis

• Jurisdictional inconsistencies (USPTO vs EPO)

• Risk mapping and claim interpretation

• Strategic drafting and continuation practices

This combined technical-legal perspective ensures more accurate risk assessments, stronger litigation strategies, and more informed commercial decisions.

Conclusion

CRISPR-Cas9 represents the future of biotechnology, but its patent landscape is one of the most complex ever created. Through the combined efforts of attorneys and analysts, organisations can untangle the patent thicket, navigate litigation with confidence, and strategically position themselves in a field defined by rapid innovation and global competition.

Read the full article in The Global IP Matrix Issue 23, essential reading for IP professionals, innovators, and legal strategists working at the forefront of biotech transformation.

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