Who was the first to invent CRISPR/Cas gene scissors technology used to cut DNA at a targeted site? While there were several competing research teams involved in the invention, it was Jennifer Doudna and Emmanuelle Charpentier who were awarded the Nobel Prize. They are also named as inventors in patents filed in 2012 and 2013, which were subsequently granted in Europe. Their patent attorneys have now requested the revocation of two of the most important European Patents, EP2800811 and EP3401400.
The European patents granted on CRISPR/Cas gene scissors technology have been subject of legal dispute for more than ten years. In the USA, the patents held by Doudna and Charpentier, which are now awaiting a decision in Europe, have already been revoked for technical reasons. Despite oppositions, the European Patent Office (EPO) upheld patents EP2800811 and EP3401400, but they are now under review. Appeals were filed against these decisions and public hearings and final decision making were scheduled for October 2024. Meanwhile these hearings are canceled.
The EPO recently gave its preliminary opinion in preparation for the hearings. The Technical Board of Appeal stated that the patents lacked information on important technical features and were not described in such a way that they could be performed successfully. In addition, the EPO also raised objections on ethical grounds as the patent extends to human germ line intervention.
The patent holders (University of California, University of Vienna and Emmanuelle Charpentier) deny any need to exclude interventions in the human germ line. They also insist that the patents would fulfill all technical requirements. At the same time, the patent holders now are seeking to withdraw the patents for procedural reasons. These findings result from a letter sent to the EPO by the patent holders.
In Testbiotech’s opinion, the patent holders would have had little chance of success. Testbiotech filed an opposition against EP3401400 because of ethical concerns – wich was successful. In a decision in 2022, the EPO ruled that the human germline would be excluded from the claims. Now, the EPO is expected to completely revoke the patents.
There are already hundreds of patents being filed for CRISPR gene editing technology and applications. However, in the debate about who actually invented the gene scissors and who can benefit from the patents, the upcoming decision may trigger some waves globally.
Contact:
Christoph Then, info@testbiotech.org, Tel + 49 151 54638040
Further information:
Opposition to a broad patent on the fundamentals of CRISPR/Cas technology [in German]
[Current documents on the procedure can be obtained from us on request.]