In May 2013, CEM prematurely claimed to have won the patent dispute with Biotage, however, the claimed “win” was in fact a limitation of the scope of both the CEM patents. The Board of Appeals in Japan has since declared the broader claims of the CEM Japanese patent (JP 4773695) to be invalid in 2015, and in July 2016, the equivalent European Board decided to correct the earlier decision and revoked the CEM European patent (EP 1491552) in its entirety.
As the final decisions regarding these patents are now issued, Biotage is announcing its success which benefits the entire scientific community in the area by opening up for a broader use of microwave technology in solid phase peptide synthesis.
“We are very pleased with the outcome of the opposition proceedings we initiated, resulting in the CEM patent being revoked in Europe and also the invalidated claims in Japan. The CEM patents concerned did not cover the Biotage line of instruments for microwave assisted peptide synthesis. Besides, all synthesis protocols preinstalled in Biotage instruments are outside the patents, even as originally granted. Peptide synthesis is a growing product area for Biotage where we are continuing to develop a range of tools to improve the peptide synthesis workflow, from the synthesis of crude peptides through to the final purified products,” says Dr. Amit Mehrotra, Global Product Manager at Biotage.