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

03.28.17

Another Likely Casualty of the Battistelli Regime at the EPO: Validity of Decisions of Terrified Boards of Appeal Judges

Posted in Europe, Patents at 8:53 am by Dr. Roy Schestowitz

A shocked Battistelli

Summary: Under pressure and habitual intervention from a demoralising, overreaching, and out-of-control President (from an entirely different division), examiners and judges ‘normalise’ the practice of granting patents on genetics — a very slippery slope in terms of patent scope

EARLIER today we wrote about patents on life being granted by the EPO, even though the USPTO — owing largely to an excellent PTAB — rejects these after Mayo and Alice. This served to show that the EPO had probably become more lenient than the US patent system and strict on nothing except 100% obedience to Battistelli with his ‘production’ obsession. A recent decision from BoA publicly complained about loss of independence, so it’s not unthinkable that the Battistelli-led thugs exercise control over judges too, particularly ones who deny patents.

“So they’re competing over who will ‘own’ genetics. Get it? Life.”There is a lot of news today about the CRISPR decision/s that we mentioned in the morning. ERS Genomics, for example, issued a press release and copies of it all over the place. To them, it’s great news, but at whose expense? US media explains today that “[w]ith such a radical new technology, there is extreme financial opportunity. Rights of ownership over the CRISPR technique have lingered since its initial discovery. Recently, the CRISPR patent disputes were partially settled between the Broad Institute of the Massachusetts Institute of Technology (MIT) and Harvard, and the University of California (UC) Berkeley. On Feb. 15, the U.S. Patent Trial and Appeal Board ruled in favour of the Broad Institute. As a result, the Broad Institute won the patent pertaining to editing eukaryotic genomes, a patent that UC Berkeley considers to be interfering with its claim.”

So they’re competing over who will ‘own’ genetics. Get it? Life.

“More importantly, why did examiners (and maybe BoA some day) allow this? Could it be pressure from the top-level management — pressure that they have already complained about?”This afternoon we have found many new articles and briefs about it, e.g. “CRISPR Therapeutics Announces European Patent for CRISPR/Cas Gene Editing” (also here), “EPO to grant UC, Berkeley CRISPR patent”, “Take that Editas: CRISPR Therapeutics and colleagues win a European round in the IP tug-of-war over gene editing tech”, and “CRISPR Therapeutics announces European patent for CRISPR/Cas gene editing”. So will the EPO now receive a lot of applications for similar patents on life? ‘Production’! Is the EPO prepared to become the world’s laughing stock? It was bad enough when pigs, plants and seeds got patented — something which even the EPO eventually realised it cannot carry on allowing (only after many protests, including from the highest offices in Europe).

Based on today’s trading [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], some people expect to profit from this grab or monopolisation of genetics, but again, at whose expense? The externalities are vast!

“This will be another toxic legacy of Battistelli, which extends well beyond the Office and tarnishes the track record of the entire Organisation. It’s therefore imperative that the tyranny is smashed as soon as possible.”More importantly, why did examiners (and maybe BoA some day) allow this? Could it be pressure from the top-level management — pressure that they have already complained about?

In the mean time, based on another filing and press release, “Key BioTime Patents [are] Upheld by European Patent Office” and this one says that a “large pharmaceutical company and an anonymous filer challenged the EPO’s previous grant of two European patents (EP2554661 and EP2147094), which cover the proprietary directed differentiation methods to produce pluripotent stem cell-derived cell replacement therapies being developed to treat retinal degenerative diseases such as age-related macular degeneration (“AMD”).”

We are not trying to suggest that the BoA are corruptible but rather to suggest that their loss of independence — something which Battistelli was very eager to ensure (with persistent punishments) — will impact their decisions and set precedential laws (decisions) that are dangerous. This will be another toxic legacy of Battistelli, which extends well beyond the Office and tarnishes the track record of the entire Organisation. It’s therefore imperative that the tyranny is smashed as soon as possible.

Europe is up for sale. Now it’s the turn of living organisms to be ‘sold’ to US corporations that assert they ‘own’ genetics and can therefore tax reproduction, medical treatments, breeding, etc. Where does this madness end?

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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

2 Comments

  1. Anton_P said,

    March 29, 2017 at 3:11 am

    Gravatar

    Since the BoA has not yet been involved in reviewing the BioTime patents, your comments regarding the boards being corruptable are somewhat misplaced.

    Dr. Roy Schestowitz Reply:

    I mistook the “Opposition division” for BoA. Mea culpa.

What Else is New


  1. Guest Article: The Free Software Movement Should Come Out From the Box

    "From now onwards we have to think from a user’s rights perspective and mobilise users of Free software. They should know what rights they ought to get."



  2. IRC Proceedings: Friday, December 13, 2019

    IRC logs for Friday, December 13, 2019



  3. Links 13/12/2019: QEMU 4.2.0, GNU Guile 2.9.7

    Links for the day



  4. Links 13/12/2019: Zorin OS 15.1, Vim 8.2

    Links for the day



  5. Linux Foundation Has Outsourced All the Licence Compliance Stuff to Microsoft, a Serial GPL Violator

    OpenChain Specification/OpenChain Project and Automated Compliance Tooling (ACT) are yet more examples -- the latest of many -- of the Linux Foundation being outsourced to Microsoft, not only for code but also documentation and hosting



  6. IRC Proceedings: Thursday, December 12, 2019

    IRC logs for Thursday, December 12, 2019



  7. Copyleft: Keeping Code Free

    Now that news about "Linux" is dominated by promotion of proprietary software we ought to remember what perpetrators of such a strategy seek to eliminate



  8. Plans That Worked, Plans That Failed

    "I am still looking for good news, but the more good I try to find, the more nastiness I uncover. This is by far, Free software's worst year ever. 2019 Sucks!"



  9. Links 12/12/2019: KDE Applications 19.12, Qt Creator 4.11, New VirtualBox

    Links for the day



  10. Brand Dilution in Action

    Microsoft's proprietary software which spies on people and businesses is getting a "free ride" on the "Linux" brand; and nobody seems to care, nobody seems to notice how perverse that it



  11. At the EPO Money -- Not Quality -- is King

    Financiers are ruining quality



  12. The EPO's Strategic Failure 2023

    Potemkin social dialogue



  13. IRC Proceedings: Wednesday, December 11, 2019

    IRC logs for Wednesday, December 11, 2019



  14. EPO Promoting Software Patents in Countries Where These Are Illegal

    The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong



  15. We Support GNU and the FSF But Remain Sceptical and Occasionally Worry About an RMS-less FSF

    Richard Stallman (RMS) is not in charge of the FSF anymore (it's Stallman who created the FSF) and there's risk the decisions will be made by people who don't share Stallman's ethics or the FSF's spirit



  16. Links 11/12/2019: Huawei Lobbied by Microsoft (Because of GNU/Linux) and Microsoft Still Googlebombs Linux to Promote 'Teams'

    Links for the day



  17. Links 11/12/2019: Edge Native Working Group, CrossOver 19.0 Released

    Links for the day



  18. Instead of Fixing Bug #1 Canonical/Ubuntu Contributes to Making the Bug Even More Severe (WSL/EEE)

    Following one seminal report about Canonical financially contributing to Microsoft's EEE efforts — celebrated openly by GNU/Linux opponentsclosing bug #1 Ubuntu basically decided not that it was fixed but that it would no longer attempt to fix it (“wontfix”)



  19. IRC Proceedings: Tuesday, December 10, 2019

    IRC logs for Tuesday, December 10, 2019



  20. Today's Example of Microsoft's Faked 'Love'

    “On 7 September 2017, users began noticing a message that stated “Skype for Business is now Microsoft Teams”. This was confirmed on 25 September 2017, at Microsoft’s annual Ignite conference,” according to Wikipedia



  21. Links 10/12/2019: Kubernetes 1.17, Debian Init Systems GR

    Links for the day



  22. 'Cancel Culture' as 'Thoughtpolice' Creep

    Richard Stallman spoke about an important aspect of censorship more than 2 decades ago (before “Open Source” even existed); it was published in Datamation (“Censoring My Software”) 23 years before a campaign of defamation on the Internet was used to remove him from MIT and FSF (censoring or ‘canceling’ Stallman himself)



  23. Microsoft Still Hates GNU/Linux and Mark Shuttleworth Knows It (But He is Desperate for Money)

    We're supposed to believe that a PR or image management (reputation laundering) campaign alone can turn Microsoft from GNU/Linux foe into friend/ally



  24. Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

    The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)



  25. “The Fifth Freedom as a Meme”

    The issue with systemd (or SystemD) has provoked or at least stimulated discussions about the limits of the famous Four Freedoms



  26. IRC Proceedings: Monday, December 09, 2019

    IRC logs for Monday, December 09, 2019



  27. Demonstration Against Unitary Software Patents, Thursday 12 Dec in Brussels

    FFII's call to demonstrate against the UPC



  28. Links 9/12/2019: China on GNU/Linux, Canonical Wants Help to Improve Ubuntu

    Links for the day



  29. Links 9/12/2019: Linux 5.5 RC1, EasyOS Buster 2.1.9

    Links for the day



  30. IRC Proceedings: Sunday, December 08, 2019

    IRC logs for Sunday, December 08, 2019


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