University of California gains ground after EPO backs CRISPR patent

In a victory for the University of California, the European Patent Office (EPO) has affirmed a CRISPR patent issued to Emmanuelle Charpentier, the University of California, and the University of Vienna.

The patent, European number EP2800811, covers uses in both cellular and non-cellular settings—including use in bacteria, plants, animals, and cells from vertebrate animals such as humans.

After three days of hearings into the matter in February, the EPO rejected arguments filed in opposition and allowed the patent to stand, with “very minor” modifications, according to ERS Genomics (the company providing access to CRISPR/Cas9 IP owned by Charpentier).

The EPO directed that two of the 23 original claims be modified and that two dependent claims were removed.

Charpentier said: “It is gratifying to have the EPO confirm the novelty and inventiveness of this discovery. 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.”

This is the second time in a month that the EPO has sided with the University of California.

In mid-January, an appeal board at the EPO upheld the revocation of a Broad Institute CRISPR/Cas9 patent, after finding that the patent lacked a valid priority claim.

Earlier today, February 11, ERS announced that it had signed a licence agreement with Aelian Biotechnology, granting Aelian access to the CRISPR/Cas9 patent portfolio to support its genomic screening platform.

In October last year, ERS Genomics’ CEO Eric Rhodes spoke exclusively to LSIPR about the patent battle.

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