May 9, 2012
European patent office revokes Microbix's patent on sexed semen
Press release
The Technical Board of Appeal of the European Patent Office has revoked the "Frozen sperm/XY" patent by Microbix Biosystems Inc., a biotechnology company developing a pipeline of biological technologies and products.
The patent, EP1257168, was one of a family of closely related patents held in several countries by Inguran LLC (operating as Sexing Technologies LLC and XY LLC), relating to the use of cryopreservation technology for sperm cells sorted into sex-selected populations. It was challenged in Europe by opponents including Greenpeace e.V. and Member of the European Parliament Mrs. Hiltrud Breyer.
William J. Gastle, Chairman and Chief Executive Officer, reflected on the European decision. "Microbix has maintained that the Freezing Patent was not a significant or valid obstacle to the entry of LumiSort sexed semen into the artificial insemination industry," said Gastle.
He adds, "Our participation in the European action allowed us to support the determination that the Inguran Freezing Patent is invalid in Europe, and our belief that similar determinations will be made elsewhere. This decision confirms our belief that there are no barriers to marketing sexed semen and will send a strong signal to the industry that LumiSort will come to market."
Cryopreservation of sperm has been practiced in the artificial insemination industry for over 50 years. By maintaining the long-term viability and fertility of cells in the frozen state, cryopreservation technology has enabled the growth of a global artificial insemination industry for the dairy and beef sectors in excess of US$1.5 billion annually.
Microbix is currently developing LumiSort, a next-generation instrument-based (cytometric) technology, for the preparation of sex-selected sperm cell preparations. LumiSort is said to provide the artificial insemination industry with a 3-fold increase in sperm cell yield and a 10-fold increase in the speed of production, while increasing the fertility of the sexed sperm cell product.
