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

10.21.18

Alice/Mayo and Hatch-Influenced US Patent Office

Posted in America, Patents at 5:11 pm by Dr. Roy Schestowitz

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.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. EPO Management Looks for New and 'Innovative' Ways to Exploit Scientists and Distract From EPO Corruption

    EPO management is desperate for puff pieces, having just produced some greenwashing nonsense (about a dozen press items about this non-event) and now a bunch of self-promotional videos



  2. Before the New York Times Did a Number on Donald Trump It Changed Bill Gates' Tune

    When you speak strictly through a spokesperson it often means you're lying and/or hiding something; the Gates enigma remains unsolved more than a year later



  3. Links 28/9/2020: Linux 5.9 RC7, Review of Linuxfx 10.6, OpenSSH 8.4

    Links for the day



  4. Speaking Through Spokespeople is a Sign of Weakness, Such as Non-Denying and False Denials (or: Bill Gates Never Denied His Connections to MIT Through Jeffrey Epstein)

    Big liars lie shamelessly; the biggest liars lie through proxies and today we examine the evasive tactics of Bill Gates and his associates (who were closely connected to Jeffrey Epstein but refuse to even talk about that, except indirectly)



  5. IRC Proceedings: Sunday, September 27, 2020

    IRC logs for Sunday, September 27, 2020



  6. Accounting for Debconf 19 Travel... in 2020

    A deeper look or analysis of Debian expenditures, which grew more than twicefold for travel last year



  7. Don't Let Microsoft Make 'Open Source' Synonymous With Proprietary Monopoly GitHub

    Now that the OSI works for Microsoft instead of Open Source (no, GitHub isn’t Open Source; it’s inherently against Open Source) we need to understand the modus operandi and learn from old mistakes



  8. Links 27/9/2020: Puppy Linux 9.5, Nitrux 1.3.3

    Links for the day



  9. Public Relations and Tolerance Stunts Are Very, Very Cheap

    It's 2020 and people are asked to focus on superficial aspects of corporations rather than anything of substance (like the effects on society at large, notably exploitation and long-term harm)



  10. Open to Everything

    It always starts with good intentions...



  11. The OSI's President Apparently Does Not Know That His Own Employer (Salesforce) Works for ICE

    The hypocrisy (or double standard) of the OSI’s President is astounding; taking salaries paid in part by ICE budget (Salesforce works for ICE and similarly evil agencies) while protesting in a proprietary software platform of Microsoft (GitHub) about ICE (all this whilst actively participating in it regardless)



  12. [Meme] Communist Tactics

    To Microsoft, Linux is communism until Microsoft controls it (and then runs over it to crush it, the typical modus operandi)



  13. OSI President: Most or Half of the OSI's Money (Even Individual Donors' Money) Goes to a Microsoft-Led Initiative

    The OSI has turned from advocate of "Open Source" (a disingenuous attempt to set aside Free/libre software) to advocate of Microsoft and GitHub in just 3 years (since taking Microsoft's money/bribes)



  14. IRC Proceedings: Saturday, September 26, 2020

    IRC logs for Saturday, September 26, 2020



  15. The 24/7 'Tech' Worker (Babysitter of User-hostile Computing) and 'Expensive' Programmer

    The rights of workers are being reduced to nothing (many in their older years made redundant), even in an occupation that is indirectly responsible for automating and thus deprecating jobs in many other occupations



  16. Why Techrights is Totally Unexcited About the New Owner of Linux Journal

    Linux Journal might soon become an anti-Linux site (veiled hostility) if Slashdot's editorial preferences are anything to go by (Slashdot has just seized control of Linux Journal)



  17. The Cheapening of the Programmer is a Threat to Human Rights of All Computer Users

    From the era of computer experts (down to the low level of computing with transistors), mathematicians, physics gurus and respected technicians we've come to orders-following, user-apathetic engineers who are overworked, grossly underpaid, and way too fearful of raising ethical concerns (voicing disagreement can result in prompt dismissal, followed by perpetual unemployment) and this ensures digital oppression without checks and balances



  18. Links 26/9/2020: Wine 5.18, FreeBSD 12.2-BETA3 and Debian 10.6 Released

    Links for the day



  19. 'Appeal to Novelty' as a Lever for Proprietary Software Monopolies, Bloat (Planned Obsolescence) and More Surveillance

    Novelty is generally fine, but in many cases products are developed iteratively (not cumulatively) not to advance society or to objectively improve services, only to increase control over people (because emergent ‘freemium’-like business models nowadays revolve around addiction and subjugation, e.g. ‘brain-farming’ and manipulation of minds)



  20. IRC Proceedings: Friday, September 25, 2020

    IRC logs for Friday, September 25, 2020



  21. Microsoft Windows is Obsolete

    The so-called 'leak' of old Windows code (almost 20 years old) is rather meaningless and useless; the world is moving past Windows, plus old Windows code cannot be used (due to the licence) and is barely used anymore, even in binary form



  22. [Meme] Conflating Critics of Corporate/Class Abuse With Womanisers and Chauvinists (and Now Doing the Same to Influential Women)

    It's regretful to see real victims of discrimination having their grievances and legitimate causes hijacked by opportunistic corporate media, which rallies a bunch of Internet trolls while oligarchs sponsor the whole thing, emboldening attacks on critics of powerful people (the likes of Jordan Peterson are a distraction; even women are nowadays being targeted using the very same tricks)



  23. Losing the Battle for Rights/Justice, Freedom/Liberty, and Emancipation Potential

    We're losing our most basic rights amid transition to "digital"; too little is being done to push back against this worrisome trend, which necessarily means reduction in both our freedom and our fundamental human rights



  24. Response to Eric Raymond (ESR) on “Last Phase of the Desktop Wars”

    Eric Raymond (ESR) talks about Microsoft's "embrace"; but there are many misunderstandings and misconceptions in his blog post, as we'll explain patiently, based on known facts



  25. Links 25/9/2020: Calibre 5.0, Fedora 33 Beta Days Away, Snap Setback

    Links for the day



  26. Faking 'Progress' to Distract From True Justice or From a Full, Meaningful Reform

    Activism for truly meaningful change doesn't stop at superficialities and cosmetic changes (which merely give a false sense/impression of accomplishment, resulting in inaction); we need to regularly consider how to dismantle injustice, not based on the criteria set by oligarchs-owned media, rallying gullible mobs to appease only big egos



  27. IRC Proceedings: Thursday, September 24, 2020

    IRC logs for Thursday, September 24, 2020



  28. Richard Stallman: New Interview About Privacy (Published This Morning)

    “The last few months have put data protection back in the spotlight. During a crisis of this kind, do we have to choose between safety and privacy? We talked about this with Richard Stallman, digital privacy activist and the founder of the Free Software Movement,” RT says



  29. Links 25/9/2020: PostgreSQL 13, DragonFly 5.8.2 and Python 3.8.6

    Links for the day



  30. Code of Ethics Versus Code of Conduct in Action

    Reprinted from Daniel Pocock's Web site


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

Recent Posts