The process of putting the CRISPR genes in a cell and making them target a given gene is trivially simple and undergraduates around the world are doing it every hour (if not more). The Broad group did a little more than that, but it's nothing compared to UC's group's pioneering effort, and amounts mostly to breaking a certain part of the functionality and doing some very standard tests.
The tool is extremely effective, as you say, and was primarily "designed" via natural selection. The researchers (1) discovered it, teased out its mechanism of action, and its programmability, and (2) did standard molecular bio techniques to show that it works across several oragnisms.
This ruling is based on the fact that the original inventors didn't throw the genes into cells, publish, and (most importantly) apply for patents before the Broad group did. Whether it would work in those other cells was a crapshoot and doesn't represent any significant creative work, and a minor work of science. The importance is the result - we know it works in those cells.
Source: I also work in this field. This ruling is absurd.
Doudna definitely deserves all the credit for clarifying the mechanism and modifying the system for sgRNA instead of the original two RNAs.
But what Zhang did was not trivial. He did not just take Doudna's system and threw it into a mammalian system. He modified the system so: 1) codon optimized (not very hard, I know). 2) Added two localization signal sequences so it goes into the nucleus. 3) And most importantly, he modified the system (nuclease to nickase) so mismatch repair (homology based repair) occurs more frequently than non-homologous end joining. These modifications are not trivial and probably took a lot of trial and error.
Just because crispr is so simple to perform now doesn't mean there wasn't a lot of effort on both Doudna and Zhang's part.
Personally, I believe both of them should have been on the patent. For me, Doudna came up with the Ford model T and Zhang iterated and extended it into a Ferrari.
The tool is extremely effective, as you say, and was primarily "designed" via natural selection. The researchers (1) discovered it, teased out its mechanism of action, and its programmability, and (2) did standard molecular bio techniques to show that it works across several oragnisms.
This ruling is based on the fact that the original inventors didn't throw the genes into cells, publish, and (most importantly) apply for patents before the Broad group did. Whether it would work in those other cells was a crapshoot and doesn't represent any significant creative work, and a minor work of science. The importance is the result - we know it works in those cells.
Source: I also work in this field. This ruling is absurd.