European Patent Office to Grant Broad Claims on Patent Covering CRISPR-Cas9 Gene Editing Technology
DUBLIN, Ireland, March 28, 2017 – ERS Genomics announced today that the European Patent Office (EPO) intends to grant Dr. Emmanuelle Charpentier, ERS Genomics’ co-founder, together with the University of California and University of Vienna, a patent with very broad claims covering the use of CRISPR-Cas9 technology for gene editing. The claims intended for grant by the EPO are directed to the widely-used single-guide CRISPR-Cas9 gene editing system and cover uses in both cellular and non-cellular settings, including use in bacteria, plants, animals, and cells from vertebrate animals such as humans.
“It is gratifying to see the European Patent Office recognize with this broad patent the contributions of Dr. Charpentier and her colleagues on the invention of this important technology,” commented Eric Rhodes, CEO of ERS. “I hope this decision by the European Patent Office provides even more clarity for those looking to utilize the technology. At ERS, we are hopeful that we can expect similar outcomes throughout the roughly 80 countries that use a first-to-file system like Europe.”
“It has been so exciting to see the diverse range of applications that scientists have already been pursuing with CRISPR-Cas9,” said Dr. Emmanuelle Charpentier, ERS co-founder and a principal inventor on the patent. “I am hopeful that the technology will lead to further development of new therapies and products to benefit mankind.”
This European patent application (No. 13793997) was the subject of numerous third-party observations filed by the Broad Institute of the United States and others attempting to prevent or delay its grant. Following review of these submissions, the EPO determined that the technical evidence and associated legal arguments did not affect their view of the patentability of the inventions and announced its intention to grant in Europe. The full EPO case files, observations, and claims intended for grant are available online at:
The underlying international patent application is based on the same priority applications, including provisional application 61/652,086 filed on May 25, 2012, involved in an interference proceeding with the Broad Institute in the United States. This application was filed more than six months before the Broad Institute’s earliest priority date of December 12, 2012.
About ERS Genomics
ERS Genomics was formed to provide broad access to the foundational CRISPR-Cas9 intellectual property held by Dr. Emmanuelle Charpentier. Non-exclusive licenses are available for research and sale of products and services across multiple fields including: research tools, kits, reagents; discovery of novel targets for therapeutic intervention; cell lines for discovery and screening of novel drug candidates; GMP production of healthcare products; livestock; production of industrial materials such as enzymes, biofuels and chemicals; and synthetic biology. For additional information please visit www.ersgenomics.com.
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