Bonum Certa Men Certa

Alice/Mayo and Hatch-Influenced US Patent Office

Older: Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

Trump and Hatch



Summary: The U.S. Patent and Trademark Office (USPTO) seems to be serving those who pay the most to define the scope or limits of patenting; this means that even nature and life are being 'privatised' (or turned into someone's "intellectual" property)

In the wake of Mayo the USPTO is supposed to limit patents on life. SCOTUS wasn't ambiguous about it and then there's also Association for Molecular Pathology v. Myriad Genetics, Inc.



In politics in the US money buys legislation, laws, outcomes of proposed bills, and even results in elections. It also helps put 'in charge' (Congress, departments of government etc.) the 'right' people, hence the image above. Those two people seem to have 'earned' their job by working with the 'right' companies. So here we are in 2018 and life/nature can still be treated like an "invention". Ridiculous. Long title of the legislation (Hatch-Waxman) is: "An Act to amend the Federal Food, Drug, and Cosmetic Act to revise the procedures for new drug applications, to amend title 35, United States Code, to authorize the extension of the patents for certain regulated products, and for other purposes." As Wikipedia points out: "The FDA has been slow to adopt regulations for the introduction of generic versions of biopharmaceutical drugs (known as "biosimilars") because the manufacturing of biopharmaceuticals is so much more complicated than small molecule drugs. Innovator companies have emphasized those complications while generic companies, insurance companies, and consumers have advocated for the FDA to finalize their process."

Notice Patent Docs with its latest "PTAB Life Sciences Report" by Bryan Helwig (IAM has similar reports). "Life Sciences" is one of those terms that in general ascribe to discoveries that typically exist in nature (already) the same attributes of actual inventions -- i.e. things which constitute new ideas.

Patent Docs earlier today advertised "European Biotech Patent Law Webinar". Authored/posted by Pei Wu today was this piece about patenting "biotech". Guess where it was published. Watchtroll.

"This month we highlight the possibility that the Supreme Court will consider the standard for adequacy of written description and a Federal Circuit exposition on the relationship between “blocking patents” and objective indicia of nonobviousness," Morrison & Foerster LLP wrote in a new article that also covers Hatch-Waxman (yes. the Hatch above). Takanori Abe (ABE & Partners) wrote about "biosimilar patent litigation" in Japan and referring to 35 U.S.C. €§ 102 we have a dispute over prior art; belatedly, as is usual for this blog, Mike McCandlish wrote about the printed publication conundrum in relation to prior art or more specifically Section 102 -- a subject recently revisited by the Federal Circuit:

The Federal Circuit held that there was an insufficient record to qualify the reference “IsoMed Constant-Flow Infusion System (“IsoMed”) as publicly accessible and therefore a printed publication under 35 U.S.C €§102(b), and remanded for additional fact finding in C.R. Bard, Inc., Bard Peripheral Vascular, Inc., v. Angiodynamics, Incorporated(Fed. Cir. Sept. 28, 2018.)


In all of these cases the prior art is sometimes nature itself. But that doesn't matter, does it? All that matters is that a lot of patents get granted, giving the illusion of innovation soaring. Under the "Life Sciences" umbrella we nowadays see lots of patents granted on genetics, i.e. the 'code' of life. Looking at Hatch's face (above), we certainly can tell how excited he is by this prospect. Enthusiastic as much as an emotionless zombie. Happy Halloween.

Recent Techrights' Posts

Slop Is Not Intelligence and It Does Not Enhance Productivity
Like voice dictation, which cannot tell the difference between "sheet" and "shit"
Our Three Lawsuits Against Microsofters Are About to Become a Lot More Relevant to GNU/Linux
The Master will easily understand why Garrett has been attacking me since 2012
They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
 
Gemini Links 23/07/2025: Piano and Food
Links for the day
New and Old
On Ageism in Tech
EPO Crimes Are Spreading to the British Court System
Society is now paying the price for failing to tackle crimes at the EPO
It's Time to Dump SharePoint and Here's What to Use Instead
Nextcloud, ownCloud, Bookstack, MediaWiki, and MediaGoblin
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 22, 2025
IRC logs for Tuesday, July 22, 2025
Brett Wilson LLP Has Gone Silent
Sometimes silence says more than nothing at all
Slopwatch: LinuxSecurity, Planet Ubuntu, and LinuxTechLab
some slopfarms show no remorse and they don't value their reputation at all
Links 23/07/2025: Book Bans, Storms, and Kangaroo Court for Patents Commits More Unlawful Acts of Overreach
Links for the day
Gemini Links 22/07/2025: Thinkpad and Pinephone
Links for the day
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed