Bonum Certa Men Certa

'Owning' Nature, Thanks to Patent Insanity and People Who Profit From That

Related: Stop Patenting Life, Nature is Not an Invention (you owe nature, you don't own it)

Some wild poppies



Summary: Questionable patents on things that always existed and are merely being explained or reassembled; those sorts of patents typically serve to merely discredit the patent system and courts too increasingly reject such patents (e.g. SCOTUS on Mayo Collaborative Services and Myriad Genetics, Inc.)

THE subject of patents on life/nature is a hotly-debated one at the EPO; many patents got voided (at least virtually) en masse. The USPTO is a lot more lenient and there are some blogs/sites that proudly promote patents on life (or what they call "patents for life").



One such site is Patent Docs. Kevin Noonan and Donald Zuhn have just advertised this event which they participate in:

McDonnell Boehnen Hulbert & Berghoff LLP and Patent Docs will be hosting a CLE program on Biopharma Patent Law from 10:00 am to 1:00 pm on October 24, 2018 at the Boston Marriott Cambridge in Cambridge, MA. MBHB attorneys and Patent Docs authors Kevin Noonan and Donald Zuhn...


They had also advertised this event on 'biosimilar' patents, set up by patent zealots from the Intellectual Property Owners Association (IPO). "In light of FTC challenges to a series of contemporaneous business deals including patent settlements," it says, "the future of non-cash forms of compensation" is debated. A few days prior to this Kevin Noonan wrote about a case that we covered before: E. I. du Pont de Nemours & Co. v Synvina C.V.

What made this unique was an invalid patent in the context of chemistry:

The Federal Circuit reversed a finding of non-obviousness in a Patent Trial and Appeal Board decision in an inter partes review, in an opinion handed down Monday in E. I. du Pont de Nemours & Co. v. Synvina C.V.

The patent was directed to methods for oxidizing 5-hydroxymethylfurfural or derivatives thereof under reaction conditions specified by the claims ("temperature, pressure, catalyst, and solvent"), to form 2,5-furan dicarboxylic acid ("FDCA"). FDCA can be produced from sugars and thus is considered by the Department of Energy to be a "green" or environmentally beneficial precursor to other materials.

[...]

(Interestingly, the evidence adduced by DuPont in support of standing establishes their intent to willfully infringe should the panel not decide that the PTAB erred in not finding the '921 patent to be invalid, although the panel was careful to state in a footnote that "we make no judgment on whether DuPont has infringed or is infringing the '921 patent.")


A similar article was produced by Dennis Crouch, who revisited the case by saying: "My prior post on DuPont v. Synvina focused on the obviousness of a claimed range in the context of inter partes review (IPR) proceedings. The decision also raises a question of standing — whether the patent challenger DuPont had standing to appeal the IPR decision favoring the patentee Synvina. [...] With the standing requirement met, the Federal Circuit was able to hear DuPont’s argument and agreed that the claims are obvious."

So the US patent office granted the patent in error. The effect of such errors can be profound; Acorda was recently brought up by Crouch in relation to this (after its shares had collapsed, following Acorda Therapeutics, Inc. v Roxane Laboratories Inc.). Watchtroll wrote about it three days ago and on the same day it wrote about CRISPR-Cas9 patents (life being 'owned' by patents, hence a controversial type of patents). To quote: "The Court affirmed a Patent Trial and Appeal Board (“Board”) decision finding there was no interference-in-fact between UC’s patent application and the claims of twelve patents and one application owned by Institute. See Regents of the Univ. of Cal. v. Broad Inst., Inc., No. 2017-1907, 2018 U.S. App. LEXIS 25535 (Fed. Cir. Sept. 10, 2018) (Before Prost, Schall, and Moore, J.) (Opinion for the court, Moore, J.)."

This case received a lot of media attention [1, 2, 3, 4] and the decision [PDF] from the Federal Circuit is widely cited. The US patent system has truly gone insane if things that aren't inventions but are naturally-occurring can become a private monopoly. People (design-)patent nature now, too. As Crouch noted a few days ago, there are patents on marble!

A natural phenomenon is not patent eligible — neither is a man-made items that is identical to a naturally occurring. The image below sure looks like a natural stone pattern, but is actually an image of an artificial quartz stone slab patented in U.S. Design Patent No. D825,787 that issued in August 2018.

[...]

As per usual standard operating procedures, the USPTO issued the design patent in a first-action-allowance without rejection and without citing must of relevance.


It is pretty incredible that the USPTO lets this slip in, not through. Opioid addiction, as we noted quite recently, was also exploited by patents; a family of billionaires had created lots of drug addicts in the US (with many fatal consequences) and the USPTO is rewarding them for a crisis of their own making with a monopoly on treatment. As Watchtroll put it on Saturday, there's a Delaware case (the 'new' Eastern Texas) dealing with this and "[t]he Federal Circuit reversed the District of Delaware’s decision to invalidate Orexo’s opioid treatment patent as obvious because obviousness was not proved by clear and convincing evidence."

Sure then. Make treatment of deadly drug addiction a monopoly too. Maybe drug addicts will then have to commit lots of crimes just to add up the money to get a cure for their addiction. This is an exercise in self-discreditisation by the USPTO.

Recent Techrights' Posts

European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
 
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day