01.22.18

Gemini version available ♊︎

How the Opposition to CRISPR Patents at the EPO Sent Shockwaves Through the Industry

Posted in Europe, Patents at 5:09 am by Dr. Roy Schestowitz

Not only CRISPR is impacted

DNA fingerprint

Summary: Additional reports/coverage on the EPO (European Patent Office) revoking Broad Institute’s CRISPR patent show that the issue at hand isn’t just one sole patent but the whole class/family of patents

The weekend was spent covering mostly US patent matters. Last week was a quiet week for the EPO (no updates from SUEPO and barely even from the EPO), but the main news was about CRISPR.

The patent microcosm still seems to be in somewhat of a shock over the EPO doing the right thing. They try to digest the news as it might mean that the oppositions at the Office will cull out many more patents. A lot of circles are very pleased with these opposition proceedings, reposting some news at GM Watch for example.

Are opposition proceedings going to also weaken other patents on life and maybe on cancer treatments? Just days ago a company issued this press release quoting the CEO, Göran Forsberg. It seems very important for them to tell shareholders that the EP remains in force. To quote:

The opposition proceedings at the European Patent Office (“EPO”) concerning Cantargia AB’s (“Cantargia”) patent for treatment of solid tumours have now been completed. The EPO has rejected the opposition and Cantargia’s patent is thus maintained with unchanged claims.

Whether oppositions or DG3 do the quality control, it’s good to know that something is still functional at the Office. Yesterday someone left the following anonymous comment:

Does it help, I wonder, to keep in mind that i) the Guidelines are distilled out of DG3′s leading cases, the Established Caselaw of DG3, no less, ii) the Guidelines are not written by judges, and iii) the Guidelines are for EPO Examiners. The Guidelines are intended as a help to DG1 in its task of examining consistently the applications filed at the EPO. For the Established Caselaw of the Boards of Appeal of the EPO, see the White Book.

Thus, in argument with DG1, quote the Guidelines. For DG1 it is holy writ. These days, no member of DG1 will have the nerve to push The Guidelines. But, in presenting cases to the EPO’s Boards of Appeal, don’t make the mistake of shaking a copy of The Guidelines at the Board. Instead, remind them what is their own Established Caselaw, direct from the White Book.

If you want to push the legal envelope, you are not going to do it with The Guidelines but only on appeal to DG3, by arguing convincingly that DG3′s “established” caselaw is not so established as to be carved in stone.

When it comes to the EPO, our criticism was always about quality of patents. DG3 has historically helped extend the scope of patents; will that change? Can it change now that Battistelli attacks judges whom he does not like?

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. EFF Pushes for Users to Install DuckDuckGo Software After Being Paid to Kill HTTPS Everywhere

    Guest post by Ryan, reprinted with permission



  2. The Reign in Spain

    Discussion about the role of Spain in the EPO‘s autocratic regime which violates the rights of EPO staff, including Spanish workers



  3. [Meme] Spanish Inquisition

    Let it be widely known that Spain played a role in crushing the basic rights of all EPO workers, including hundreds of Spaniards



  4. Why You Shouldn’t Use SteamOS, a Really Incompetent GNU/Linux Distribution With Security Pitfalls (Lutris is a Great Alternative)

    Guest post by Ryan, reprinted with permission



  5. IRC Proceedings: Friday, October 15, 2021

    IRC logs for Friday, October 15, 2021



  6. Links 16/10/2021: Xubuntu 21.10 and DearPyGui 1.0.0

    Links for the day



  7. DuckDuckGo’s HQ is Smaller Than My Apartment

    Guest post by Ryan, reprinted with permission



  8. Post About Whether Vivaldi is a GPL violation Was Quietly Knifed by the Mods of /r/uBlockOrigin in Reddit

    Guest post by Ryan, reprinted with permission



  9. The EPO’s Overseer/Overseen Collusion — Part XIII: Battistelli's Iberian Facilitators - Spain

    The EPO‘s António Campinos is an ‘Academy’ of overt nepotism; what Benoît Battistelli did mostly in France Campinos does in Spain and Portugal, severely harming the international image of these countries



  10. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  11. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  12. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  13. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  14. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  15. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  16. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  17. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  18. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  19. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  20. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  21. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  22. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  23. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  24. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death



  25. Links 14/10/2021: Whisker Menu 2.6.1 and KDE's Birthday

    Links for the day



  26. Links 14/10/2021: DragonFly 6.0.1 Released and Red Hat Loses Another Top Executive

    Links for the day



  27. IRC Proceedings: Wednesday, October 13, 2021

    IRC logs for Wednesday, October 13, 2021



  28. Süddeutsche Zeitung Became a Propaganda Arm of EPO Management (and by Extension Software Patents/Patent Lobbyists)

    EPO ‘genius’ António Campinos enjoys shallow press coverage, which echoes or resembles Benoît Battistelli‘s corruption of the media (paid-for fluff)



  29. GNOME (and Debian) Infringe Human Rights by Shipping Parental Control Software (Internally Called “Malcontent”)

    Guest post by Ryan, reprinted with permission



  30. No, JWZ, Discord is Not “IRC With Pictures”

    Guest post by Ryan, reprinted with permission


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