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

02.13.18

EPO Opposition to CRISPR Patents Has Wide-Ranging and Far-Reaching Impact, But Mind Not the Lobbyists

Posted in Europe at 12:35 pm by Dr. Roy Schestowitz

“Nein!” to patents on humans

Society

Summary: The patent maximalists who strive to bring patent trolls and limitless patents to Europe are losing their battle; this is, for the most part, owing to courageous European examiners who say “no” to patents that aren’t justified

THE EPO‘s Boards of Appeal (maybe even the “enlarged” one) are likely to deal with CRISPR patents some time very soon. That’s because an appeal was reportedly lodged after the Office had shot down a CRISPR patent (even the USPTO does not permit such patents).

“IAM recently began posting copies of its articles in other outlets in an effort to broaden the scope/reach of lobbying.”Jo Pelly and Phil Merchant (Boult Wade Tennant) have just published “G1/16 – Enlarged Board of Appeal confirms EPO practice on undisclosed disclaimers” (a recent decision), but we have not heard anything or seen anything in the news about CRISPR patents at the EPO for about 3 weeks. It’s like a buried subject.

Today, however, IAM brought up the subject again [1, 2]. It said: “There could be CRISPR patent eligibility and licensing troubles ahead, according to biggest-ever study of the global CRISPR patent landscape,” citing this new puff piece which said:

A new study [sic] of the global CRISPR patent landscape released today provides the most detailed insight yet into how entities are seeking to protect their inventions relating to the revolutionary technology.

I already responded to IAM some hours ago. “Sorry, IAM, but patents on CRISPR are verboten,” I told them, “no matter how much you are paid to claim otherwise…”

“As Germany may take several years just to decide on the constitutional complaint, one can say goodbye to the UPC irrespective of what happens in the UK.”As we noted over the weekend, IAM together with Finnegan now lobby for patent maximalism in life sciences. That’s just what it is: lobbying.

IAM recently began posting copies of its articles in other outlets in an effort to broaden the scope/reach of lobbying. Some hours ago IAM pushed this EPO puff piece from “Martin Chatel, Product and Quality Manager and Dennemeyer & Associates in Munich…”

IAM, where Battistelli is a writer right now (soon also a keynote speaker), hasn’t done a good job distancing itself from its EPO connections. Remember that the EPO’s PR firm paid IAM for UPC promotion and speaking of such promotion, Team UPC is obsessing over these things. Alan Johnson (Bristows), for example, is back to publishing misleading ‘articles’ (lobbying) [1, 2]. One of these does not permit comments and the other recently shielded itself from UPC-hostile comments, so don’t expect rebuttals to appear there. The UPC lobby is troubling for all sorts of reasons and it’s now done by just a firm or two (most firms stopped talking about it after the constitutional complaint in Germany).

Speaking of “unitary” effect, Professor Michael Risch wrote about EPO/EPC matters several hours ago, as a case of “country consolidation”. To quote:

Let’s unpack this a little bit. First, for those who were in EPC countries, they continued to file in their home countries and the EPO at the same rate. It’s unclear why – perhaps they wanted the extra chance at protection, or perhaps it was for vanity.

Second, in EPC countries, the rate of invention (measured by patent filings) went up, but only a small amount. But because the rates were pretty low, even a small change was a real change.

Third, foreign patent filing shifted to the EPO almost wholesale. Whereas EPC filers chose both, foreign filers seemed to appreciate the ability to get one patent to cover all countries. The implication I take from this is that EPC filers had some strong reason for that national coverage rather than some worry about overlapping protection if one patent were invalidated.

If one looks at the EPO’s figures, a helluva lot of patents are German and very few are British. That’s not because Brits aren’t inventive but because the EPO is instrumental in all sorts of ways for Germany. As Germany may take several years just to decide on the constitutional complaint, one can say goodbye to the UPC irrespective of what happens in the UK.

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. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  2. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  3. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  4. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team



  5. Links 9/12/2018: New Linux Stable Releases (Notably Linux 4.19.8), RC Coming, and Unifont 11.0.03

    Links for the day



  6. Links 8/12/2018: Mesa 18.3.0, Mageia 7 Beta, WordPress 5.0

    Links for the day



  7. The European Patent Organisation is Like a Private Club and Roland Grossenbacher is Back in It

    In the absence of Benoît Battistelli quality control at the EPO is still not effective; patents are being granted like the sole goal is to increase so-called 'production' (or profit), appeals are being subjected to threats from Office management, and external courts (courts that assess patents outside the jurisdiction of the Office/Organisation) are being targeted with a long-sought replacement like the Unified Patent Court, or UPC (Unitary Patent)



  8. Links 7/12/2018: GNU Guix, GuixSD 0.16.0, GCC 7.4, PHP 7.3.0 Released

    Links for the day



  9. The Federal Circuit's Decision on Ancora Technologies v HTC America is the Rare Exception, Not the Norm

    Even though the PTAB does not automatically reject every patent when 35 U.S.C. § 101 gets invoked we're supposed to think that somehow things are changing in favour of patent maximalists; but all they do is obsess over something old (as old as a month ago) and hardly controversial



  10. The European Patent Office Remains a Lawless Place Where Judges Are Afraid of the Banker in Chief

    With the former banker Campinos replacing the politician Battistelli and seeking to have far more powers it would be insane for the German Constitutional Court to ever allow anything remotely like the UPC; sites that are sponsored by Team UPC, however, try to influence outcomes, pushing patent maximalism and diminishing the role of patent judges



  11. Many of the Same People Are Still in Charge of the European Patent Office Even Though They Broke the Law

    "EPO’s art collection honoured with award," the EPO writes, choosing to distract from what actually goes on at the Office and has never been properly dealt with



  12. Links 6/12/2018: FreeNAS 11.2, Mesa 18.3 Later Today, Fedora Elections

    Links for the day



  13. EPO, in Its Patent Trolls-Infested Forum, Admits It is Granting Bogus Software Patents Under the Guise of 'Blockchain'

    Yesterday's embarrassing event of the EPO was a festival of the litigation giants and trolls, who shrewdly disguise patents on algorithms using all sorts of fashionable words that often don't mean anything (or deviate greatly from their original meanings)



  14. The Patent Litigation Bubble is Imploding in the US While the UPC Dies in Europe

    The meta-industry which profits from feuds, disputes, threats and blackmail isn't doing too well; even in Europe, where it worked hard for a number of years to institute a horrible litigation system which favours global plaintiffs (patent trolls, opportunists and monopolists), these things are going up in flames



  15. Links 5/12/2018: Epic Games Store, CrossOver 18.1.0, Important Kubernetes Patch

    Links for the day



  16. Links 4/12/2018: LibrePCB 0.1.0, SQLite 3.26.0, PhysX Code

    Links for the day



  17. EPO Management Keeps Embarrassing Itself, UPC More Dead Than Before, and Nokia Turns Aggressive

    The EPO’s race to the bottom of patent quality continues, it’s now complemented by direct association with patent trolls and law stands in their way (for they repeatedly violate the law)



  18. The Intellectual Property Owners Association (IPO) and IBM Are Part of the Software Patents Problem in the United States

    IBM's special role in lobbying for software patents (and against PTAB) needs to be highlighted; even Ethereum’s co-founder isn't happy about IBM's meddling in the blockchain space (with help from Hyperledger/Linux Foundation)



  19. The Patent Trial and Appeal Board (PTAB) Not Falling for Attempts to Prevent It From Instituting Challenges

    In the face of patent maximalists' endless efforts to derail patent quality the tribunal keeps calm and carries on smashing bad patents



  20. Links 2/12/2018: Linux 4.20 RC5, Snapcraft 3.0, VirtualBox 6.0 Beta 3

    Links for the day



  21. The Patent Microcosm Hopes That the Federal Circuit Will Get 'Tired' of Rejecting Software Patents

    Trolls-friendly sites aren't tolerating this court's habit of saying "no" to software patents; the Chief Judge meanwhile acknowledges that they're being overrun by a growing number of cases/appeals



  22. 35 U.S.C. § 101 Continues to Crush Software Patents and Even Microsoft Joins 'the Fun'

    The Court of Appeals for the Federal Circuit (CAFC) and even courts below it continue to throw out software patents or send them back to PTAB and lower courts; there is virtually nothing for patent maximalists to celebrate any longer



  23. The Anti-Section 101 (Pro-Software Patents) Lobby Looks at New Angles for Watering Down Guidelines and Caselaw

    By focusing on jury trials and patent trolls the proponents of bunk, likely-invalid abstract patents hope to overrule or override technical courts such as the Patent Trial and Appeal Board (PTAB)



  24. Patent Trolls, USPTO Director Andrei Iancu and Section 101

    The world’s most important patent office is now run by a courts-hostile person (an 'American Battistelli') who is happy to ignore the courts’ caselaw and listen to patent trolls instead; this means that science and technology, not to mention the law itself, will suffer



  25. Be Wary of the Latest Lies About the Unified Patent Court (UPC), Courtesy of CIPA and Marks & Clerk (Team UPC)

    It's rather noteworthy that no matter how grim things have become for Team UPC, which drafted and promoted new laws for self-enrichment purposes, these people persist with all the same lies that predate several more barriers, which no doubt will prove fatal to the Unified Patent Court Agreement (UPCA)



  26. Links 1/12/2018: 4MLinux 27.0, GNU Wget 1.20 Released

    Links for the day



  27. EPO Management High-Fiving Patent Propaganda Sites Like 'Managing IP' While Granting Illegitimate Patents on Algorithms

    Having mastered the art of hype and buzzwords, the management of the EPO carries on pretending that it does nothing wrong by rubber-stamping abstract patents on mathematics



  28. “ILO Gave the EPO Medical Committee a Good Slapping”

    The Technical Centre for Agricultural and Rural Cooperation quits ILO (or its jurisdiction), whose tribunal has just released very few new decisions, only one of which regarding the EPO



  29. Science Minister Sam Gyimah, Who Tactlessly Ratified UPC in the UK, Has Just Resigned

    The collapse of the UPC/A (Unified Patent Court Agreement) continues as expected; Gyimah is the third British politician in just two years to deal with the UPC and then resign



  30. Patent Offices Reward Microsoft for Corruption

    The EPO and Britain's UKIPO join the USPTO in making Microsoft's proprietary format the 'standard' in filing; this merely perpetuates the negative publicity associated with patent offices


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