The European Patent Office's (EPO) Appeal Board has invalidated a dsm-firmenich patent relating to high-potency microalgal DHA oils, agreeing with Mara Renewables.
The decision follows a two-day hearing on March 24-25 and aligns with last month's UK Court of Appeal decision upholding the invalidation of the same patent in the United Kingdom.
It brings to an end a process that began in early 2023 and follows the EPO Opposition Division's November 2023 decision, which upheld the patent in a narrower form.
"This outcome reflects a thorough and careful review by the EPO [during] several years," said Charles Perez, Vice President of Legal and Corporate Development at Mara Renewables.
We believe strong intellectual property systems are essential to innovation and equally that patents must meet the appropriate standards. This decision reinforces that principle.
Mara CEO and Board member Harry Boot added: "This has been a multi-year process and our focus throughout has remained the same—continue building and continue delivering for our customers."
"The decision reinforces the strength of our platform and allows us to move forward with continued focus on innovation, sustainability and long-term partnerships."
With nearly 30 years of experience in omega-3 innovation, we remain committed to advancing high-performance, sustainable solutions that support a competitive and forward-looking marketplace.
dsm-firmenich was contacted for comment.