IP that grows beyond failure
False starts are almost inevitable with transformative technologies like gene editing, says Christoph Behrens, so be ready to diversify your IP from the start
Founded in 2013 as a first mover, Editas is on its third attempt to use a gene scissor to cure a previously hard-to-treat condition with a single dose. First, it was inherited blindness, then sickle cells and now bad cholesterol.
Given the high risk of failure, Editas has assumed that it will be diversifying its IP. Even with promising results, a project can be abandoned if it’s not going to be first on the market or won’t make the intended return.
Initially, narrow IP might seem attractive in a field as competitive as gene editing: it is granted quickly and gives investors security. However, a failure will make it worthless. If you have a pipeline with several development candidates, an investor is less likely to withdraw its money.
This broader approach to IP is about what distinguishes your approach and what advantages it gives you when diversifying. At Editas, its efforts were directed at a proprietary system for the treatment of multiple diseases. Specific applications were protected later.
Broader IP might be more susceptible to attempts to have it declared invalid. However, its use rights can be used as bargaining chips in exchange for the competitor’s IP.
Nor does it rule out the fast grant of IP. It is possible, for example, to narrow the application at an early stage, while pursuing claims with a broader scope via a divisional application (which is cloned from the original).
Numerous challenges stand in the way of developing and administering the ultimate goal of gene editing: a single dose for a complex condition. Solutions can be licensed from elsewhere or you can reinforce your IP, as Editas is doing to strengthen its competitive position. Even if there is already IP in a technology, you can file for your own narrower combinations optimised for purpose.
An analysis of your freedom to operate will identify what IP might lie in your way, so you can either find a workaround or line up a strategic partnership with the IP owners. You will also know what new IP is coming and can intervene early either through an observation at examination or through an opposition.
· The full article by Christoph Behrens, ‘IP that grows beyond failure’ appears in Managing Intellectual Property Today, 2026/27 edition. More details here or at novaropublishing.com/ip.
