The CRISPR patent landscape in Australia is densely populated by both international and local applicants. There are patents covering the core technology, as well as second-generation patents covering applications of the technology and developments in relation to the components of the system. This article provides an introductory overview of the evolving nature of CRISPR genome editing, exploring both the science behind the technology and the increasingly complex web of patent protection surrounding it. It serves as a useful starting point for businesses, researchers, and innovators seeking to better understand the current CRISPR patent environment in Australia.
What is CRISPR?
CRISPR is an acronym for Clustered Regularly Interspaced Short Palindromic Repeats. It is a gene editing technology that is used to selectively add, remove or alter DNA in living organisms, including humans. The two main components of the CRISPR system are a guide RNA which is used to identify and bind to the target DNA sequence, and a Cas protein which acts like a pair of molecular scissors to cut the DNA at the position identified by the guide. The cell’s natural repair mechanisms then kick in, enabling modifications to be made to the target DNA, for example disabling a faulty gene or inserting a new corrected sequence.
In 2025, a six month-old baby born with severe carbamoyl phosphate synthesis (CPS1) deficiency was the world’s first patient to be successfully treated with CRISPR technology. His treatment involved a CRISPR base editing therapy, delivered via lipid nanoparticles to the liver, in order to correct the faulty enzyme. The treatment was developed by a team at the Children’s Hospital of Philadelphia and Penn Medicine.
CRISPR Patents in Australia
There are large numbers of CRISPR-related patents in Australia, creating a complex, overlapping patent landscape, or “patent thicket”. Given the complexity of this patent landscape, navigating freedom to operate in this space can be relatively difficult. Businesses seeking to apply CRISPR technology to specific conditions need to conduct thorough searches to determine whether their proposed technology can be commercialised without infringing a third party’s intellectual property rights. Careful consideration needs to be given to existing patents and potential licensing requirements. Often multiple licenses may be required to operate within a single field.
Major international applicants hold key patents. These include the Broad Institute (which is affiliated with the Massachusetts Institute of Technology and Harvard University) and the University of California, as well as corporations such as Toolgen Incorporated (a gene editing company headquartered in South Korea).
There are also second-generation patents covering applications of the technology and developments in relation to the components of the system. For example, there are second generation patents covering use of CRISPR to treat conditions such as retinitis pigmentosa, Duchenne muscular dystrophy, cystic fibrosis and hemophilia, as well as use in immunotherapy for treating cancer. There are also patents covering the discovery and development of new CRISPR-associated enzymes. Key Australian patent applicants include, amongst others, CRISPR Therapeutics AG (a Swiss-American biotechnology company), global giant Bayer Healthcare, Arbor Biotechnologies Inc. (a biotechnology company headquartered in the USA) and Integrated DNA Technologies, Inc. (a global genomics company headquartered in the USA).
CRISPR Research in Australia
CRISPR is a highly active area of research in Australia. A key area of interest at Monash University is using Artificial Intelligence (AI) to create faster, more accurate CRISPR technologies to minimise off-target damage to DNA or RNA, which has the potential to cause harm to healthy genes [1]. This reflects the increasing integration of AI into biotechnology, which is enabling rapid advances in this field, due to the increasingly complex datasets that AI is able to handle. Protecting the intellectual property in these types of innovations has its challenges, as Australian patent law is still developing in how it addresses the patentability of AI-related inventions.
Another important application of CRISPR, which is the subject of substantial research in Australia, is in agricultural innovation. In particular, research is directed to improving crop yields and quality, improving resistance to pests and diseases and increasing the ability of plants to adapt to changing environmental conditions, e.g. drought tolerance[2]. For example, researchers at the University of Adelaide are part of an international team looking to implement CRISPR-based editing techniques to restore the natural plant defences of high-starch crops such as maize, peas and beans[3]. In addition, a team of researchers from Western Australia has successfully used new gene-editing techniques to develop nitrogen use efficient barley lines[4]
Despite this activity, patent landscape in Australia is dominated by international applicants, with domestic filings being relatively low compared with foreign filings.
Key Take-Aways
Of the large number of CRISPR-related patents in Australia, key patents are held by major international players. There are also various second-generation patents, a relatively low proportion of which have been filed by local applicants. Freedom to operate in this space is complex to navigate.
As CRISPR technologies continue to advance and find applications across medicine and agriculture, the Australian patent landscape is expected to become even more complex and competitive. Understanding the key players, emerging areas of innovation and the scope of existing patent protection will be increasingly important for researchers, businesses and investors operating in this space. We will keep you updated on any major developments, but in the meantime, please feel free to contact our patent attorneys with any questions relating to this area.
[1] https://www.monash.edu/discovery-institute/news-and-events/news/2026-articles/australian-scientists-have-used-ai-to-develop-a-precise,-safe-and-fast-way-to-keep-crispr-technology-in-check
[2] https://pbcrc.com.au/genetic-innovation/crispr-in-australian-crop-breeding
[3] https://groundcover.grdc.com.au/innovation/plant-breeding/gene-identified-that-could-triple-wheat-yields
[4] https://groundcover.grdc.com.au/innovation/industry-insights/australian-geneticists-leading-the-way-in-new-traits
Image by DC Studio on Magnific
