European Patent Office Appeal Board Invalidates Key dsm-firmenich Patent

Following a two-day hearing on March 24-25, an Appeal Board of the European Patent Office (EPO) agreed with Mara that a key dsm-firmenich patent relating to high-potency microalgal DHA oils was invalid.

The decision affirms Mara’s ability to continue supporting customers across the omega-3 market.

The ruling brings to an end a process which began in early 2023 and follows a November 2023 decision of the EPO Opposition Division, which upheld the patent in a narrower form, and aligns with last month’s UK Court of Appeal decision upholding the invalidation of the same patent in the United Kingdom.

“This outcome reflects a thorough and careful review by the EPO over 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.”

Throughout this period, Mara has continued to operate without interruption, supporting customers across the food, beverage and dietary supplement sectors.

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.”