EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.26.15

Insensitivity at the EPO’s Management – Part II: Patent Office as a Cancer

Posted in Europe, Patents at 5:47 am by Dr. Roy Schestowitz

Cancer letter

Summary: The EPO’s stance on cancer recalled, in light of an altercation from 2013 (patent application no. EP03017743.0, appeal number T0598/12-3.3.02)

THE management of the EPO has resorted to what we consider both unethical and potentially illegal tactics. Union busting has taken such a high priority that every trick out of the book has been harnessed, with help from external (contracted) firms.

During Christmas we were contacted by a person who is able to show us just how jaw-dropping the EPO’s management can be with regards (or disregard) to cancer. As a preparatory item, consider the following letter, which is nearly a couple of years old (emphasis with large fonts is ours):

Brussels, March 12th, 2014

M. Benoît Battistelli
President – European Patent Office
Erhardtstr. 27
80469 Munich
Germany

Dear M. Battistelli,

My name is Francesco De Lorenzo and I am the President of the European Cancer Patient Coalition – ECPC, which represents 345 cancer patient organizations in 47 countries.

ECPC regularly engages with its members, EU institutions and international health and cancer care stakeholders to protect and enhance cancer patients’ rights in Europe, making sure that the voice of European citizens, affected by cancer, is heard.

That is why we are addressing you to express our concerns regarding the recent decision from the European Patent Office (EPO), Patent application no. EP03017743.0, appeal number T0598/12-3.3.02 on whether a clinical trial invalidates the request for a new drug patent.

“That is why we are addressing you to express our concerns regarding the recent decision from the European Patent Office (EPO), Patent application no. EP03017743.0, appeal number T0598/12-3.3.02 on whether a clinical trial invalidates the request for a new drug patent.”We believe that EPO’s position on the matter should take in due consideration the effects it will have on the future treatment of cancer patients and their ability to dispose of new and innovative drugs. We are concerned, in fact, that EPO’s current interpretation of the matter may make clinical trials more difficult to carry out and hence undermine critical innovation in medicine.

Clinical trials are research studies conducted on patients to evaluate the safety and efficacy of medicines intended to improve their health and provide the necessary scientific data and information to develop new medicines. ECPC believes that patent policy should encourage innovation, particularly innovation arising from clinical trials. A clinical trial cannot and should not be construed as a patent defeating disclosure. Should this happen, there will eventually be serious implications for the development of life-saving medicines.

“We are concerned, in fact, that EPO’s current interpretation of the matter may make clinical trials more difficult to carry out and hence undermine critical innovation in medicine.”Patients are not only a fundamental partner in the development of new drugs, but they are also those who will finally benefit from the innovation process. In particular, we strongly believe that it is natural that a patient may discuss his/her participation or clinical experience with their physician and family members. It is clear that patients participating in clinical trials should not be considered as members of the public, but rather key collaborators and important and voluntary participants of the trial. However, given their particular situation and knowledge level, patients cannot be compared either to other clinical trials actors, such as researchers. Hence patients cannot share the same confidentiality responsibility as researchers: this would, in fact, represent an unfair burden over the patients’ shoulders, which does not match patients’ level of biomedical and scientific understanding of clinical trials nor the reason for which they participate in them.

“ECPC believes that patent policy should encourage innovation, particularly innovation arising from clinical trials. A clinical trial cannot and should not be construed as a patent defeating disclosure.”Aside from the pure legal perspective, it is to be expected that EPO decision on the 2013 case mentioned before, if implemented, will lead to reduced transparency and/or delay of implementation of new clinical trials, which are both to the detriment of patients’ interests. Reducing transparency will threaten the access to investigational drugs that clinical trials provide for patients. This access is of critical importance for cancer patients, particularly for those whose only treatment option may be a clinical trial.

Alternatively, delaying clinical trials until patent applications are filed, will add undue delay to the very time consuming process of developing a new medicine that could improve patients’ lives. Such patent policy also excludes any innovation that arises during a clinical trial.

“Aside from the pure legal perspective, it is to be expected that EPO decision on the 2013 case mentioned before, if implemented, will lead to reduced transparency and/or delay of implementation of new clinical trials, which are both to the detriment of patients’ interests.”In conclusion, we strongly believe that the invention or findings related to a clinical trial should not be considered as “made available to the public” only because patients participate actively to the aforementioned trial. The patients’ unique status, in between collaborators and beneficiaries, makes them a key and vulnerable stakeholder, whose necessities are to be protected. Therefore, we would be glad to engage with EPO and all other relevant stakeholders in order to re-discuss the legal status and responsibilities of patients enrolled in clinical trials.

ECPC also believes that research should be encouraged and that public policy should remove barriers to the conduct of clinical trials, while keeping very high security standards and ensuring ethical conduct.

We hope that you will re-examine the decision in question for the benefit of patients. We remain at your disposal to further discuss the issue.

Sincerely,

Prof. F. De Lorenzo

To see how this relates to the series as a whole stay tuned for future parts. It is clear that patent scope has gone awry at the EPO, for the sake of protectionism, greed, and profit. Remember this when the EPO make claims on “productivity” (however misleading these claims can be) and ponder what this really translates into.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 3/7/2020: TrueNAS 12 Beta 1, Librem 13 Product Line

    Links for the day



  2. [Humour] European Patents Only Useful Outside the Legal Framework?

    Patents that aren't valid in the eyes of courts would best serve patent trolls that settle out of courts, en masse



  3. Microsoft's Share in Web Servers Rapidly Falls to Just 4.5% (Falling More Than 5% in a Single Month)

    Microsoft's share as measured at Netcraft (de facto authority in this area) is rapidly declining; expect IIS to go the way of the dodo some time in the coming years



  4. The Lock-downs Are Over and Still Zero Media Coverage About EPO Scandals and Corruption

    The appalling state of journalism in Europe (and to some extent in the world at large) means that the EPO's management can get away with all sorts of horrible crimes and fraud; the silencing of the media is, in its own right, quite scandalous



  5. IRC Proceedings: Thursday, July 02, 2020

    IRC logs for Thursday, July 02, 2020



  6. “Microsoft's Deadly Love” by Alessandro Ebersol (Agent Smith)

    Full credit goes to PCLOS Magazine for publishing this good piece, which we’re reproducing



  7. Links 2/7/2020: Microsoft Partner Says GNU/Linux Share in Desktops/Laptops at 4% Even After Lock-downs, OpenSUSE Leap 15.2 and Mageia 8 Alpha 1 Released

    Links for the day



  8. Why People Should Never Ever Use DuckDuckGo

    DuckDuckGo is another privacy abuser in disguise; the above forum thread enumerates key reasons



  9. After 2 Years and 2 Days António Campinos is a Perfect Leader, Fostering EPO Abuses While Smiling

    EPO corruption persists, but this time the corruption enjoys better marketing/PR and complicit (or at best silent) media



  10. [Humour] As If Monopolies for Life Will Save People's Lives...

    The mentality of monopoly or the mindset of patent maximalism has been quick to exploit the deaths of half a million



  11. IRC Proceedings: Wednesday, July 01, 2020

    IRC logs for Wednesday, July 01, 2020



  12. IBM-Funded FSF Censors Itself on Software Patents

    Donald Robertson’s article bemoaning and openly condemning the U.S. Patent and Trademark Office (USPTO) over software patents, which it illegally grants in some cases, was modified a week later; and why? One can only guess… (but remember that the FSF’s foremost sponsor is lobbying against 35 U.S.C. § 101 and for software patents)



  13. [Humour/Meme] Remember That As Recently as Last Year Microsoft Was Still Shaking Down and Even Suing Companies Over 'Linux Patent Infringement'

    There's no 'new Microsoft' except a (better at) lying Microsoft; its covert actions tell us a lot about its ongoing hatred of GNU/Linux, which it is assaulting in new and more sophisticated ways



  14. Contrary to Common Misconceptions, Free Software is More 'Corporate' or More 'Enterprise-Grade' Than Proprietary Abandonware (All Proprietary Software Will Die)

    Free software can leverage the superficial and bland boardroom lingo/slang to promote itself; it would definitely harm or dilute/weaken the terms which proprietary software giants like to leverage against us



  15. Social Control Media Will Not Exist One Day

    Digital obsolescence and Internet bitrot — that’s what Social Control Media is really good for; as many Google+ ‘users’ (useds) found out, they’re just being ‘farmed’ for their ‘content’, which is neither valuable nor resilient (definitely of no value to Google)



  16. What Freedom of Software Actually Means to Us

    Liberty or libre (freedom) is about more than brands or personalities, as names or institutions or individuals can change or completely perish; but concepts outlast superficialities



  17. [Humour] Thinking Beyond Just the Linux Brand

    We're supposed to believe that because "Linux" is dominant we finally have freedom; but almost all the very big companies that are using GNU/Linux leverage it for freedom-hostile purposes and keep about 99% of their code secret from us, so the fight for software freedom must go on



  18. Corporate Media Blames 'China' and 'Open Source' for Back Doors in Microsoft's Intentionally Flawed Proprietary Software That's Causing Chaos

    'Red Scare' tactics are being used to divert attention away from Microsoft's incompetence and conspiracy with the NSA (to put back doors in everything, essentially making all software inherently vulnerable, by design)



  19. Microsoft Has Infiltrated Authorities and/or Their Consultation Processes

    In the European Union, the United States and just about everywhere else in the world one can find Microsoft officials replacing public officials, as if the decision-making too has been outsourced to the "Good Folks" from Microsoft



  20. Links 1/7/2020: Tails 4.8, Serpent OS

    Links for the day



  21. IRC Proceedings: Tuesday, June 30, 2020

    IRC logs for Tuesday, June 30, 2020



  22. EPO Management Celebrates the Lowering of Patent Quality While Granting Invalid Patents (IPs) Instead of European Patents (EPs)

    Europe's most autocratic institution continues to cheat and lie to everybody; even twice in one day, together with... the Communist Party of China (through CNIPA)



  23. Links 30/6/2020: OpenSUSE Leap 15.2, 4MLinux 34.0 Beta and IPFire 2.25 - Core Update 146

    Links for the day



  24. [Humour] There's Always a Way... (to Grant Patents on Almost Anything)

    The referral from European Patent Office (EPO) President António Campinos leaves the door open to patents on life, provided one paints those as uniquely clever, e.g. GMO (same tricks for software patents in Europe with “Hey Hi” — an overblown buzz wave)



  25. Crocodiles Can Only Ever Fake Empathy

    Greenwashing, pinkwashing, openwashing and abduction of various authentic civil rights movements (centered around gender, race, and sometimes economic issues) is very easy and cheap relative to the depths of corporate pockets; the problem is, those things help distract the 'masses' from objectively immoral and universally unacceptable acts



  26. [Humour/Meme] History in the Making or History Being Rewritten?

    he idea that history can just totally eliminate particular people and particular views overlooks the very nature of historical studies; banning words impedes the telling of history itself and society cannot tackle the underlying issues without talking about them



  27. A Lot of Things Are Offensive to Someone and Appeasing the Easily Offended is an Endless Adventure That Can Offend Free Speech Ideals

    Free speech may be the main casualty of the recent flamewars, which were initially rationalised as ethics-driven and nowadays boil down to speech police



  28. Feeling Vindicated About the Harms of Social Control Media Being Widely Recognised

    The cleansing of social control media sites reinforces our long-held views about social control media in general



  29. [Humour/Meme] ZDNet Promoting LOT/OIN as a Force for Good. Says a Lot About ZDNet...

    ZDNet has long been a mouthpiece or a parrot for LOT and OIN (overlaps exist); that says so much about the software patents agenda of ZDNet and its parent company, which became defunct 6 months ago, then passed to friends of Bill Gates (privately-owned)



  30. Linus Torvalds Explains Why GNU/Linux Development Speeds Up (Likely Owing to Coronavirus Lock-downs)

    The COVID-19 pandemic has so far boosted not only GNU/Linux market share; it's also speeding up development, leaving proprietary software players in the ashes (it's harder for them to make sales and to pay their developers)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts