Bonum Certa Men Certa

Patents on Life (or Supposed 'Gene-Editing'/CRISPR) Are a Gross Distortion of the Raison D'être of Patents

Life is made in nature, it's not a robot and it is definitely not an invention

Patents on life
No Patents on Seeds: Stop patents on plants and animals!



Summary: The complete and utter insanity which is misappropriation of patent law for protectionism in an age of monopolies on life (DNA/genetics) in light of recent developments

THIS Saturday afternoon onwards we intend to catch up with USPTO news. It is mostly about patent scope and policy, not scandals. Like the EPO, the American (US) patent office is at least in theory denying patents on nature; in practice, loopholes remain and they are occasionally being exploited. We have been writing about it for many years because other than software patents, one family (or class) of patents we strongly object to is "nature" or "life" or "genetics" (there are other words by which to refer to this kind of patents).



As noted here earlier this month, patents on life itself are being discussed at the Court of Appeals for the Federal Circuit (CAFC). This is a positive thing because we generally respect the judgments of this court, which would likely take Mayo and Myriad into account. The latest twist in all this has just been discussed in relation to a Broad Institute case and PTAB. A site of the patent microcosm said this:

The UC v Broad Institute appeal hinges on whether the PTAB made any legal errors by deciding the case in favour of Broad without "substantial evidence", with observers believing an affirmance of the Board's ruling is most likely

The Federal Circuit heard oral arguments in University of California (UC) v Broad Institute on April 30. A decision is expected within 90 days.


Another site of the patent microcosm, masking/hiding more and more of its pages behind a paywall these days (like the above), wrote about "top 10 CRISPR patent assignees at the world’s big five issuing agencies" (IP5). Timothy Au of IAM (blog of patent trolls) is still promoting patents on life that both the EPO and USPTO are more or less denying (Broad Institute recently had a CRISPR patent rejected by the EPO).

The USPTO is the most willing of the major patent offices to grant CRISPR-related patents, but activity in the field is increasing most rapidly in Asia, new research commissioned for IAM reveals. Earlier this year, iRunway produced a report on the CRISPR patent landscape – which we provided exclusive coverage on – analysing the geographical spread, technological focuses and top owners of the patents related to the much-discussed gene-editing technology. New research by iRunway, commissioned by IAM, now offers a more detailed breakdown of where things stand.


It says "commissioned by IAM," but remember who's funding IAM. It ain't pretty. This is behind a paywall, but we can imagine what the outcome will be. It should be noted that only days ago IAM complained once again about India, which already disallows software patents, because it had denied patents on life, namely seeds. Citing [1-4] (below), IAM said [5] that "India’s agricultural industry have downplayed the decision’s importance" (by "India’s agricultural industry" he didn't mean India's but Germany's/US and he was not talking about agricultural anything but merely Monsanto with its 'industry' of lawsuits against actual farmers). This is typical IAM.

Related/contextual items from the news:


  1. Monsanto loses right to patent seeds

    Delhi High Court’s ruling which forbids Monsanto from stopping supplies to seed companies is a boost to domestic seed companies, and will curb the ability of multinationals to establish a seed monopoly



  2. Supreme Court to hear Monsanto plea over GM cotton patents
    Section 3(j) states that “plants and parts thereof as well as essentially biological process for production or propagation of plants” are not inventions that can be patented. The court had also directed Monsanto to seek intellectual property protection under the Protection of Plant Variety and Farmers Right (PPVFR) Act 2001. It had given Monsanto three months to appeal to the Protection of Plant Varieties and Farmers' Rights Authority for relief under the PPVFR Act.


  3. Supreme Court rejects Monsanto plea on seed patent order
    The Supreme Court on Monday refused to stay a 2 May Delhi high court order which held that plant varieties and seeds cannot be patented under Indian law by companies like Monsanto Inc., and that royalties on genetically modified (GM) technology would be decided by a specialized agency of the agriculture ministry.

    As a result, the patent held by Monsanto, through its Indian arm Mahyco-Monsanto Biotech Ltd (MMBL) over its Bollgard-II Bt cotton seed technology, a GM variant which resists the bollworm pest, was decreed to be unenforceable in India.

    Monsanto’s appeal challenging the Delhi high court order was brought before a bench headed by Justice Rohinton F. Nariman who sought the response of seed companies over the issue.


  4. Delhi High Court’s Judgment in Monsanto v. Nuziveedu Delivers a Deadly Blow to the Agro-biotech Industry
    A Division Bench of the Delhi High Court recently pronounced its judgment in the long running litigation between Monsanto and Nuziveedu. The present judgment was delivered in cross appeals filed by both parties against the order of a single judge of the Delhi High Court that was delivered last year.

    To describe the judgment briefly, the court has delivered a knock-out punch to Monsanto, by declaring invalid its patent for Bt. Technology because Section 3(j) of the Patents Act prohibited the grant of patents for plants, plant varieties or seeds or any part thereof. The court however does give three months to Monsanto to seek protection for its invention under the Plant Variety Protection & Farmer’s Rights Act, 2002. (I’ll deal with this issue in a later post)


  5. India’s Supreme Court will hear Monsanto’s challenge to a recent ruling imperiling agri-tech patentability


    The case has generated a strong reaction over the past three weeks. Over at Spicy IP, Prashant Reddy described it as a “deadly blow to the agro-biotech industry”. The former CEO of Indian seed company Advanta warned: “A number of patents of agriculture biotech inventions in various crops from wheat to rice that have been granted by various patent authorities across the globe stand the risk of being invalidated because of the judgment.”

    Meanwhile, representatives of India’s agricultural industry have downplayed the decision’s importance – they point out that innovations in the sector will still be eligible for plant variety protection.


Recent Techrights' Posts

The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
 
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026