EPO Confirms Novelty of CRISPR/Cas9 Gene Editing System Patent

In a Feb. 10, 2020 press release, ERS Genomics revealed that the European Patent Office (EPO) has rejected arguments filed in opposition to patent EP2800811, which is directed to the single-guide CRISPR/Cas9 gene editing system and covers uses in cellular and non-cellular settings.

EPO’s decision to reject the arguments and affirm the novelty and inventiveness of the patent, held by Dr. Emmanuelle Charpentier (founder of ERS Genomics), the Regents of the University of California, and the University of Vienna, followed three days of hearings. The final decision is for the patent to stand with minor modifications to two of the 23 original claims and removal of two dependent claims.

“It is gratifying to have [EPO] confirm the novelty and inventiveness of this discovery [patent no. EP2800811],” said Charpentier in the press release. “I am pleased to see to what extent CRISPR/Cas9 has become such an important tool in many important areas of research, not to speak of its potential as a curative therapeutic for serious and life-threatening diseases.”

“The outcome of the opposition hearing reinforces the broad and fundamental nature of this patent. This result, combined with the recent EPO Technical Board of Appeal decision upholding the full revocation of the Broad Institute's patent EP2771468, viewed as its foundational CRISPR-Cas9 patent in Europe, further solidifies our position as holding the predominant CRISPR/Cas9 patent portfolio,” added Eric Rhodes, CEO, ERS Genomics, in the press release. “This decision also validates the choice our licensees have made to work with ERS to enable their commercialization efforts. We are expanding our efforts to make the technology broadly available, so it can be used by as many people as possible.”

Source: ERS Genomics