The billion-dollar CRISPR patent battle: A case of big money shaping science
latimes.com
latimes.com
Q. Are there elements to this patent situation that most people are overlooking?
A. Probably the most important thing that people are overlooking is the scope of the claimed subject material of the Doudna patent application (and also the Zhang patents in question); only Cas9 is claimed. The claims do not cover other nucleases that could work with CRISPR (such as Zhang’s recently published Cpf1, which is "smaller and easier to program than Cas9") and thus would not exclude someone from using other nucleases.
In fact, I'd likely predict that at the end of the day the CRISPR system is used to find the interesting therapies, but it will likely need to be 'hardened' into one of the above, older technologies to actually become a good deliverable therapeutic. CRISPR is inherently a 2-part system, where one of those parts would be really tricky to get the body to use reliably without error or screwing things up, whereas the older techs could effectively be delivered as a single genetic insert. It's just much harder to scan the search space with those older techs.