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The European Patent Office (EPO) Rules in Favor of Mara and AO3 on Validity of DSM Patent EP3530740

Mara Renewables Corporation, and its manufacturing partner Algal Omega-3 (AO3) announced today that the European Patent Office (EPO), Opposition Division, has ruled in favor of Mara regarding the validity of DSM’s patent EP3530740, titled “Thraustochytrids, fatty acid compositions, and methods of making and uses thereof.”

The EPO panel decided the DSM patent as granted is not valid and that its scope must be significantly narrowed. As a result, the microbial oils claimed by the patent are now limited to those containing at least 60% DHA in the triglyceride fraction, up from a previous limit of at least 50% DHA.

“We are pleased with the decision of the EPO opposition division. It is a move in the right direction, and we are assessing what our next steps will be,” said Dr. Mark Scaife, Mara’s Managing Director, and Chief Operating Officer. “Further, we support the upholding of soundly supported patents in our field, and we have our own proprietary and unique solventless extraction methods, as well as algal strains that do not infringe any valid patent claim,” added Scaife.

“We will continue to take the actions required to ensure our freedom to operate and ensure that our customers and partners can continue to rely on us for algal DHA. We will also look to enforce our own intellectual property in a responsible manner. This result reinforces the legitimacy of Mara’s approach – strong patent portfolios should supplement a customer-centric and collaborative approach in the marketplace, rather than being asserted as an alternative to it,” said Harry Boot, Mara’s new CEO.

About Mara

Based in Halifax, Canada, Mara Renewables is a world-class manufacturer and leading global supplier of its patented algal-derived omega-3 oil DHA. It meets the growing needs of plant-based and environmentally conscious brands and consumers, providing functional, innovative ingredients that improve human nutrition without depleting our planet’s most valuable natural resources. In 2021 alone, Mara supplied enough DHA-rich fatty acids to the nutritional supplement, and food and beverage markets to offset an estimated 7.3 billion fish (anchovy). For more information visit https://www.maracorp.ca/

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