New Developments in CRISPR gene editing patents in Europe

In a significant development in the ongoing CRISPR gene editing patent disputes, the University of California (UC) with the University of Vienna and Dr Charpentier have requested voluntary revocation of two of their European patents, EP2800811 and EP3401400, related to the use of CRISPR in eukaryotes. This move comes ahead of a scheduled oral hearing before the European Patent Office's (EPO) Board of Appeal, which has now been cancelled.

The CRISPR technology, recognized as one of the most significant breakthroughs in biotechnology, allows for precise DNA modifications in organisms. Its discovery led to the 2020 Nobel Prize in Chemistry being awarded to Jennifer Doudna and Emmanuelle Charpentier.

Since its discovery in 2012, CRISPR has been the subject of numerous patent applications and high-profile patent disputes, particularly between UC and the Broad Institute (Broad), with the Massachusetts Institute of Technology (MIT), Harvard College and Rockefeller University being embroiled in patent disputes in Europe and the United States. UC appeared to have an advantage in Europe, due to their earlier priority date.

However, although EP2800811 and EP3401400 were maintained at first instance in Europe, the decisions were appealed, and the Board of Appeal recently issued a preliminary opinion suggesting that these two patents might lack novelty and inventive step due to priority date issues relating to the technical disclosure provided in the first priority application.

UC's decision to voluntarily revoke these particular European patents is seen as a strategic move to avoid a potentially binding adverse decision from the Board of Appeal. This action may help mitigate the impact on related cases and preserve future patent opportunities for UC.

The CRISPR patent landscape remains complex and dynamic, with the patent portfolios of other parties, such as Vilnius, Toolgen, and Sigma-Aldrich (now part of Merck), adding a further layer of complexity. The grant of large number of CRISPR patents with overlapping scope, and the ongoing patent disputes, have created a landscape that is difficult and costly for potential licensees to navigate with any certainty.

Fortunately, innovation in this area continues to flourish. Please get in touch with us at mail@stratagemipm.co.uk for any CRISPR-related questions you may have or for help protecting your innovations in this area.