Key Charpentier/Doudna CRISPR patent upheld by Japanese Patent Office

ERS Genomics Limited, which was formed to provide broad access to the foundational CRISPR/Cas9 intellectual property co-owned by Dr. Emmanuelle Charpentier, today announced its second Japanese Patent (JP6692856) was upheld for the second time, in response to an invalidation challenge.

The patent, filed by Dr. Charpentier, together with The Regents of the University of California and University of Vienna (collectively known as CVC), was also upheld previously by the Japanese Patent Office (JPO) in 20211.

During the proceedings, novelty and inventive step were contested. In the decision2, the JPO rejected both challenges to patentability, fully upholding the patent and further demonstrating its validity and value as part of the patent collection for use of the CRISPR/Cas9 technology.

Michael Arciero, Vice-President of Intellectual Property and Commercial Development, ERS Genomics, said: “The decision by the JPO reinforces our foundational patents to CRISPR/Cas9 and highlights the value of ensuring the correct intellectual property is in place when working with this fundamental technology. This re-affirmation of the validity of our fundamental CRISPR patents supports our active licensing efforts in Japan and ensures greater value to new and existing licensees there.”

ERS Genomics provides licensing to CRISPR/Cas9 technology for companies interested in pursuing its use in their commercial programs. With 89 patents held in over 90 countries, ERS Genomics licenses these patents via its direct license from Emmanuelle Charpentier and now has nearly 150 licenses in place worldwide.

1. https://ersgenomics.com/japanese-patent-office-upholds-key-charpentier-doudna-crispr-patent/
2. JPO opposition information page https://www.j-platpat.inpit.go.jp/c1800/PU/JP-2018-097369/669982DDE385E7E052D125DDFBB2B4D74C0CE25465AA838A956394AD7EF41533/10/ja