The future of food and feed: Navigating the CRISPR patent landscape
In the fourth episode of our regulated products series, Katrina Anderson is joined by James Fry, head of the life sciences team and an IP and patents lawyer at Mills & Reeve, to discuss gene editing in the context of alternative proteins.
As the world continues to explore sustainable food sources, the alternative proteins sector is witnessing significant advancements. One of the most promising areas is gene editing, particularly with the use of CRISPR technology. However, navigating the complex patent landscape is crucial for startups and established companies alike. In this article, we delve into the intricacies of the CRISPR patent landscape and what it means for the future of food and feed.
The rise of gene editing in alternative proteins
Gene editing, especially through CRISPR technology, has opened new avenues for developing new types of foods including alternative proteins. This technology allows for precise modifications in the genetic makeup of organisms, enabling the creation of plant-based and potentially animal-based foods with enhanced nutritional profiles and sustainability, as well as novel medicines.
The CRISPR patent landscape
The CRISPR patent landscape is highly competitive, with key players like the Broad Institute in the US and the CVC group in Europe holding foundational patents. These patents focus on the use of the Cas9 protein and how different patent owners have priority in key markets (ie, the US and Europe). Legal proceedings are ongoing which has led to a complex web of intellectual property rights that need to be navigated when using these technologies.
Key considerations for startups
For startups in the alternative proteins space, understanding the patent landscape is essential. Here are some key considerations:
- Licensing models: With over 11,000 patent families in the gene editing space, it's crucial to identify the right licensing models and to secure licences that align with your business strategy.
- Jurisdiction: The Broad Institute holds priority in the US, while the CVC group currently has priority in Europe. Navigating the impact of these differences is vital for a business operating globally.
- Alternative technologies: While Cas9 is the most well-known protein used in gene editing, other proteins like Cas12a are emerging. Exploring alternative technologies can provide additional avenues for innovation and may be less crowded with regard to patent coverage.
- Regulatory landscape: The regulatory environment for gene editing is evolving. In the UK, gene editing for plants intended to be brought to market as foods is expected to be deregulated by 2025, while the EU's proposals are currently stalled. Companies should stay informed about these changes to ensure they are focusing on the jurisdictions where it is practical to bring the product to market as a food for the purpose of strategic planning.
- Contractual protections: Securing appropriate terms in licensing agreements is also important when using these technologies, including ensuring that the terms align with your business goals.
Conclusion
The future of food and feed is being shaped by advancements in gene editing technology. However, the complex patent landscape requires careful navigation. By understanding the key players, licensing models, and regulatory environment, companies can position themselves for success in this rapidly evolving sector.
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