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

What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt
European Patent Office Management Mocked for Trying to 'Bribe' Staff With a Little Food
The Office is having a crisis; a little breakfast treat won't solve it
 
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Google News Sloppy Again
Today was disappointing
SLAPP Censorship - Part 62 Out of 200: Garrett and Graveley Issue Astounding Copy-Paste Masterpiece Asserting Publicly-Accessible Embarrassing Facts Must Remain Hidden
Are Garrett and Graveley twins separated at birth but joined by GNOME and Microsoft?
Links 30/04/2026: Barrage of Lawsuits Against Slop, Microsoft's Stock Crashes
Links for the day
Microsoft Says Mass Layoffs Are Coming and Puts a Price on Them
Microsoft will shrink
The Corporate Media Intentionally Overlooks How Google's Debt Trebles in Just Over a Year
We'll soon see how much more money Microsoft has borrowed
(Trigger Warning) Jeremy Bicha & Debian-Edu, TecKids, Ubuntu incest scandal at DebConf25
Reprinted with permission from Daniel Pocock
Upgrade Successful
we had a downtime of only 1-2 minutes overall (for two reboots)
Links 30/04/2026: Slop Industry Cannot Keep Up With Bills, "The World Is Getting Too Hot to Feed Itself"
Links for the day
Then Come the DDoS Attacks
Is someone trying to 'kill' Techrights?
The Corrupt Lecture the Non-Corrupt - Part X - Deliberately Violate European Patent Convention (EPC), Tolerate Cocaine Use in Management, Hide That From Staff and Stakeholders
The "Alicante Mafia" (as staff calls it) is a disgrace to Europe
The Register MS Running Spam Pieces for Huawei, a Banned Company
Money does not excuse bad behaviour
Apparently Last Day for Nearly 1,000 Confluent Workers IBM Laid Off Last Month
IBM is a dying company pretending to be strong because of its age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 29, 2026
IRC logs for Wednesday, April 29, 2026
Gemini Links 30/04/2026: Outdoor Time, Old Computers, and Joining Geminispace
Links for the day
In Past 6 Months IBM Lost About 100 Billion Dollars in 'Value' While Debt Ballooned to 70 Billion Dollars
Welcome to a universe of fake finances and phony accounting based on fictional assets with made-up 'worth'
Dr. Andy Farnell on Weaponising Morality Against Technofascism and Slop
It's longer than a "tweet", so social control media addicts are likely mentally unfit to read it
Six Months
Techrights will be around (and active) for a very long time to come
If We Move Everything to Devuan...
IRC, Git, Apache and so on
Why We Publish "The Corrupt Lecture the Non-Corrupt"
We intend to report the facts, fearlessly, until real and lasting solutions are reached
SLAPP Censorship - Part 61 Out of 200: Garrett and Graveley Must Understand That Reporting Women's Issues in the United States of America (“the US”) is Not Impermissible
when you cover Microsoft corruption and have real effect
Weeks After Mass Layoffs of Red Hat Engineers We Learn of European "Buyouts" and Layoffs at IBM
At Microsoft, they tell us there are merely "buyouts", but they don't tell us what happens if you say "no!"
OS Upgrade Tentatively Scheduled for Tomorrow
We have some contingencies in case the upgrade goes wrong
Campinos is a Lame Duck President This Year at the European Patent Office (EPO)
The strikes are not ending. If anything, they intensify further.
Links 29/04/2026: LLM Chatbot Usage Goes Down Sharply (as Do Stocks Associated With Them), Microsoft's Circular Financing Accounting Fraud at Risk
Links for the day
Gemini Links 29/04/2026: Returning to an Exodus and Farewell APU
Links for the day
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day