Key Charpentier/Doudna CRISPR patent upheld by China National Intellectual Property Administration

Patent CN201380038920.6 upheld in response to invalidation challenge

Dublin, Ireland, 26 March 2024 – 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 patent CN201380038920.6 was upheld by the China National Intellectual Property Administration (CNIPA) in response to an invalidation challenge.

The patent was filed by Dr Charpentier, together with The Regents of the University of California and the University of Vienna (collectively known as CVC), for “Methods and Compositions for RNA-guided Target DNA Modification and for RNA-guided Transcription Regulation”. The decision to uphold the patent right in China follows a recent decision by the Japanese Patent Office earlier this year to uphold JP6692856, also part of the CVC portfolio1.

During the proceedings, novelty and inventive steps were contested. In the decision, the CNIPA rejected both challenges to patentability, including maintaining that the priority application enabled the uses of CRISPR/Cas9 in eukaryotic cells. The decision by the CNIPA, fully upholding the patent, further demonstrates its validity and value as part of the patent collection for the use of the CRISPR/Cas9 technology.

Michael Arciero, Vice-President of Intellectual Property and Commercial Development, ERS Genomics, said: “The decision by the CNIPA is a a testament to the strength of the foundational CVC CRISPR/Cas9 patent portfolio. Alongside the recent decision in Japan, this demonstrates a global trend, and reinforces the importance of research organizations having the correct intellectual property rights in place when working with this technology.”

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.

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