Japan’s IP office upholds CRISPR patent and allows third
A CRISPR patent filed by scientist Emmanuelle Charpentier alongside the Regents of the University of California and the University of Vienna (collectively known as CVC) has been upheld by the Japan Patent Office (JPO).
ERS Genomics, which was formed to provide broad access to the gene-editing technology CRISPR/Cas9 IP held by Charpentier, announced the win today, Tuesday, June 1.
The Japanese patent, JP6692856, covers compositions and methods for use in a variety of eukaryotic cells, in either dual-guide or single-guide format. In addition, the JPO has allowed a third CVC patent, JP2019-210828.
The French microbiologist and US biochemist Jennifer Doudna achieved scientific history in 2020 by jointly winning the Nobel Prize in chemistry for their work on the cutting-edge technology.
Considered a revolution in the fields of medicine, biotechnology and agriculture, CRISPR can modify any genetic sequence in the cells of living organisms.
During the legal proceedings in Japan, the opponent Hiroyuki Kobayashi contested the novelty and inventive step of the patent. The JPO found in favour of Charpentier by saving the patent and also allowing CVC group to hold another patent, JP2019-210828.
This additional patent covers compositions and uses of a chimeric version of the Cas9 protein in cellular and non-cellular settings and will represent the third Japanese patent granted to the group.
Michael Arciero, vice-president of IP and commercial development, ERS Genomics, said: “The JPO actions reinforce the broad and fundamental nature of our CRISPR patent portfolio, both in Japan and worldwide.
“This also validates the decision our licensees have made to work with ERS to enable their commercialisation efforts involving CRISPR/Cas9. We are expanding our efforts to make the technology broadly available, so it can be used by as many people as possible.”
Patents have been issued to Charpentier and the CVC for the gene-editing technology in more than 80 countries worldwide and the ruling will be seen as a key win for CRISPR IP owners, who have faced mounting legal challenges over the past six years.
Following the breakthrough technological advances by Charpentier and Doudna in 2012-2013, biotech and pharmaceutical companies have sought to patent CRISPR/Cas9, prompting a spate of litigation proceedings worldwide.
Last week, LSIPR reported that the University of California Berkeley lost a CRISPR patent in Europe after the European Patent Office revoked the EP3241902 patent on the grounds of an invalid priority claim.
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