Australian Research Lab Nabs Tribunal Review of BASF Patent

Australia’s national research lab convinced a patent office tribunal to review a BASF Plant Science GmbH patent related to the production of certain Omega-3 fatty acids in plants, adding another chapter to a dispute over what the lab has called the “holy grail” of agribusiness.

The Patent Trial and Appeal Board said the Commonwealth Scientific and Industrial Research Organisation had shown claims in U.S. Patent No. 10,533,183 are likely invalid. CSIRO argues, among other things, the claims lack written description support.

“We find that the specification does not adequately describe” the claimed invention, the board wrote in a Thursday decision. ...