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

01.22.18

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 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

What Else is New


  1. Microsoft Partner Explains How Microsoft Screws Partners (and Free/Open Source Projects)

    "Nothing Has Truly Changed Since Netscape and Antitrust," as we put it four days ago; the 'new' Microsoft is the exact same company with the exact same strategies, which include destruction by assimilation



  2. Why Does Microsoft Even Want to Associate With Satanic Ritual Cults and Marina Abramović?

    Microsoft's 'news' sites fail to heed the warning or the toxicity (bad publicity) associated with Marina Abramović and they promote Microsoft's proprietary software using not only militarism (goggles for the Army) but borderline cannibalism



  3. IRC Proceedings: Tuesday, January 28, 2020

    IRC logs for Tuesday, January 28, 2020



  4. Links 29/1/2020: MPV 0.32, Qt Offering Changes, Thunderbird Gets New Home

    Links for the day



  5. Don't Let the Collapse of News Companies Be the Collapse of Information (or Ascent of Misinformation)

    We're growingly concerned that the collapse of the mainstream media will entail reliance not on reliable and independent alternatives but corporate marketing agencies, charlatans and frauds, sometimes even deliberate falsehoods and state-manufactured bogus stories



  6. When Police Gets in the Way of Investigations, Having Used Microsoft Products to Investigate Microsoft Issues

    In this long article we outline barriers we’ve come across in pursuit of information from the police (the pedophilia arrest at the mansion of Bill Gates — followed by conviction and arrest — has thousands of pages about it, but since September the police has shared not even one!)



  7. Guest Post: Free Software is About Software Ownership

    "In effect, companies will lose control and profit. Will they accept that?"



  8. IRC Proceedings: Monday, January 27, 2020

    IRC logs for Monday, January 27, 2020



  9. Links 27/1/2020: Linux 5.5 is Out, Work on Linux 5.6 Commences, New Solus and Award for Andrew Tridgell

    Links for the day



  10. EPO: Goodbye to the Rule of Law and Hey Hi, AI!

    The EPO’s embrace of buzzwords — no longer a unique EPO strategy (it has already spread elsewhere) — puts examiners in a very bad position and they’re grappling with nerve- and mind-racking dilemmas (risk of unemployment for truly upholding the EPC)



  11. IRC Proceedings: Sunday, January 26, 2020

    IRC logs for Sunday, January 26, 2020



  12. Links 26/1/2020: MuseScore 3.4 Released, New Kate Icon and Solus 4.1 Fortitude Available

    Links for the day



  13. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  14. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  15. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  16. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  17. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  18. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  19. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  20. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  21. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  22. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  23. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  24. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  25. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  26. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  27. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  28. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  29. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  30. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his


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