Bonum Certa Men Certa

CRISPR Patents Disallowed, But Where Are the Journalists?

Journalists and corporate pressure groups are not the same thing

CRISPR patents; Because reproducing is 'stealing'
The Shark Tank patent meme



Summary: The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect

THE European Patent Office (EPO) has spent more than half a decade lowering patent quality. Ask EPO examiners. They'll say so off the record (for fear of retribution they won't say so openly and publicly).



It didn't start with Battistelli, but it became far more profound under Battistelli and it continues to get worse with António Campinos, who intervenes in legal cases (more recently in support of software patents in Europe).

In the U.S. Patent and Trademark Office (USPTO) and even more so in American courtrooms we've seen Alice and Mayo routinely used -- via 35 U.S.C. ۤ 101 -- to squash patents on naturally-repeating/recurring phenomena and maths. That's just common sense, isn't it?

"Last year the opposition/s folks at the EPO came to the conclusion that CRISPR patents are impermissible and days ago the EPO judges doubled down on that decision."Here in Europe it's possible that later this year EPO judges will reject a lot of software patents by deciding on a 'simulation' patent; it won't be a European 'Alice' because the level of EPO tribunals is nowhere near that of SCOTUS in the US. But that can be a start...

Last year the opposition/s folks at the EPO came to the conclusion that CRISPR patents are impermissible and days ago the EPO judges doubled down on that decision. That's a pretty big deal with wide-ranging ramifications. Having surveyed all the EPO-CRISPR news I was able to find, it seems clear to me that no journalism exists anymore in the area of patents. It's all just pressure groups and press releases of large corporations. It's grotesque; prove me wrong/show otherwise...

Before this decision, roughly a week beforehand, Jamie Atkins and Claire Weston (Kilburn & Strode LLP) published "CRISPR priority appeal - What you need to know ahead of the hearing". This links to their site (of course) and says: "Arguably the highest profile appeal at the EPO in recent years (T 0844/18) will be heard before the Board of Appeal in Munich on 13-17 January 2020…"

One can guess whose side Kilburn & Strode LLP takes; they're a litigation giant, so the more patents, the merrier (to them anyway).

Back in December we saw some shameless self-promotion by Sterne, Kessler, Goldstein & Fox P.L.L.C., under the giveaway headline: "Prosecuting Bioinformatics Patent Applications in Europe" (the only "bio" they care about it "bio-litigation").

Yesterday's IAM blog post said: "This week, all eyes are on the EPO Boards of Appeal’s oral proceedings in T0844/18, the Broad Institute’s appeal against the revocation of its key patent on CRISPR-Cas9."

Life Sciences Intellectual Property Review, a site whose sole purpose seems to be advocacy of such patents, wrote a lot about it throughout the week [1, 2, 3].

Except a couple of blog posts, which were cited here a day ago, I've found nothing else but this mainstream media piece behind a paywall. It said: "The saga over who owns the valuable patents that cover CRISPR/Cas9 gene editing took a new turn this week with a court decision that goes against the Broad Institute of Harvard and MIT and two local startups."

There are paid press releases, such as this one: (Yahoo, Business Wire)

ERS Genomics Limited, which was formed to provide broad access to the foundational CRISPR/Cas9 intellectual property held by Dr. Emmanuelle Charpentier, announced that yesterday the European Patent Office's (EPO) Technical Board of Appeal (Board) upheld the earlier EPO Opposition Division ruling that the Broad Institute patent EP2771468 is not formally entitled to a number of its asserted priority dates and all its claims are therefore not novel and fully revoked.

EP2771468 is viewed as the Broad Institute’s foundational CRISPR-Cas9 patent in Europe. In January of 2018 the Opposition Division found that all claims of the Broad Institute's patent were invalid because the Broad Institute was not entitled to its two earliest priority dates and thus the claims lacked novelty in light of prior art. The Broad Institute appealed the Opposition Division’s decision, which the Board affirmed yesterday. Thus, all claims of the Broad Institute’s patent remain fully revoked with no option left to overturn this decision.


So there's panic among patent zealots looking to 'own' all lives; they panic because even EPO judges explain that patents on life are fake, bogus, invalid patents.

GenomeWeb, a patent maximalism site focused on that domain (their track record suggests so always), said this:

The European Patent Office (EPO) Board of Appeal has upheld the revocation of a Broad Institute CRISPR patent in Europe.


The Science Board wrote:

An important patent on CRISPR technology held by the Broad Institute has been revoked by the European Patent Office (EPO).

On January 16, the EPO's Technical Board of Appeal upheld a previous ruling in 2018 that the Broad Institute's EP2771468 patent was not novel and therefore should be revoked. EP2771468 is seen as the institute's foundational CRISPR-Cas9 patent in Europe, noted a release from ERS Genomics.

The Broad Institute had appealed the earlier decision, saying the issue related to the "current interpretation of rules that dictate what happens when the names of inventors differ across international applications. This interpretation affects many other European patents that rely on U.S. provisional patent applications, and is inconsistent with treaties designed to harmonize the international patent process, including that of the United States and Europe," according to background information about the patent.


Notice how nobody bothers explaining why such patents are so troubling and problematic. These monopolists are shedding a tear this weekend because there were planning to turn organisms into 'private property' and it's not quite working as they hoped.

How long will it take for a real article to explain all this? We'll watch closely...

Recent Techrights' Posts

Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
 
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year