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

01.24.18

CRISPR Patent Debacle Demonstrated That Opposition Divisions Do Their Job, But Also Highlighted Serious Deficiency in Patent-Granting Process

Posted in America, Europe, Patents at 1:38 am by Dr. Roy Schestowitz

Why was such a patent allowed in the first place? Could it be inane work pressure?

Intellectual Property and Genomics
Reference: genome.gov (US)

Summary: While it is reassuring that EPO staff managed to squash a very controversial patent, it remains to be explained why such patent applications/applicants were even notified of intention to grant (in spite of the EPC, common sense and so on)

THE US patent system, in spite of its flaws, has managed to improve patent quality. IPRs/PTAB/AIA might deserve the credit. At the EPO, the appeal boards and the Opposition Divisions were entrusted to ensure patent quality as well.

“Maybe that’s because the number of oppositions is soaring.”One week ago today (also Wednesday) an Opposition Division showed signs of life and demonstrated that in spite of Battistelli’s behaviour it was still able to do its work. This latest comment in IP Kat says: “The discussion seems to shift away from the facts of the case decided by the Opposition Division. Even the proprietor does not allege that there was a consent by all the co-applicants of the provisional to file the internatial application claiming priority from the provisional. As to the form of transfer it seems to be meanwhile uncontested EP practice that it is governed by national law, i.e. in the case of a US provisional US civil law.”

6 days later there was still new press coverage about this opposition. “Broad suffered a stunning blow at the European Patent Office (EPO) last week,” said this latest article.

So much for patent certainty…

“The [European] office also plans to create new specialised directorates to deal with opposition procedures,” said this recent article (translated into German and French by SUEPO last week). Maybe that’s because the number of oppositions is soaring. Yesterday the EPO once again promoted the lie. I told them “it will accomplish the very opposite” of what they claim. They obviously did not reply (they rarely respond to anyone at all).

“No wonder patents tentatively get issued on CRISPR — something that even the US does not allow.”An internal SUEPO memo, according to this article, said that Battistelli’s “division into small units creates obvious issues of unequally distributed expertise (individual patent administration staff cannot master perfectly the many necessary procedures). “Even the patent administration procedures that until now were centralised in a dedicated unit, like the receiving office for WIPO in the EPO, will be decentralised to the small units […] expertise will be much more diluted than before. […] To solve the problem they have created, management has decided to train intensively all patent administration staff in basically all procedures. This is taking place while patent administration staff is already struggling with the workload, further increasing work strain. In any event, one cannot reasonably expect that a hasty training will allow building up the necessary level of expertise in all the small teams.”

We have not yet seen this entire memo (if someone can send it to us, we would appreciate it), but it seems to suggest a further race to the bottom. Yesterday the EPO promoted internships again. “This is what you can expect from our Praktika Intern programme,” it said. Way to lower the quality of work. They reduce the barrier or lower the bar to entry. No wonder patents tentatively get issued on CRISPR — something that even the US does not allow.

It is quite alarming that the EPO lowers patent quality while denying the issue even exists!

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 Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  2. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  3. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  4. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  5. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  6. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  7. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  8. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  9. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  10. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  11. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  12. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  13. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  14. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  15. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  16. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  17. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  18. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  19. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  20. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  21. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  22. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  23. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  24. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  25. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  26. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  27. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  28. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  29. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  30. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"


CoPilotCo

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

CoPilotCo

Recent Posts