Bonum Certa Men Certa

CRISPR Patents Disallowed, But Where Are the Journalists?

Journalists and corporate pressure groups are not the same thing

CRISPR patents; Because reproducing is 'stealing'
The Shark Tank patent meme



Summary: The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect

THE European Patent Office (EPO) has spent more than half a decade lowering patent quality. Ask EPO examiners. They'll say so off the record (for fear of retribution they won't say so openly and publicly).



It didn't start with Battistelli, but it became far more profound under Battistelli and it continues to get worse with António Campinos, who intervenes in legal cases (more recently in support of software patents in Europe).

In the U.S. Patent and Trademark Office (USPTO) and even more so in American courtrooms we've seen Alice and Mayo routinely used -- via 35 U.S.C. €§ 101 -- to squash patents on naturally-repeating/recurring phenomena and maths. That's just common sense, isn't it?

"Last year the opposition/s folks at the EPO came to the conclusion that CRISPR patents are impermissible and days ago the EPO judges doubled down on that decision."Here in Europe it's possible that later this year EPO judges will reject a lot of software patents by deciding on a 'simulation' patent; it won't be a European 'Alice' because the level of EPO tribunals is nowhere near that of SCOTUS in the US. But that can be a start...

Last year the opposition/s folks at the EPO came to the conclusion that CRISPR patents are impermissible and days ago the EPO judges doubled down on that decision. That's a pretty big deal with wide-ranging ramifications. Having surveyed all the EPO-CRISPR news I was able to find, it seems clear to me that no journalism exists anymore in the area of patents. It's all just pressure groups and press releases of large corporations. It's grotesque; prove me wrong/show otherwise...

Before this decision, roughly a week beforehand, Jamie Atkins and Claire Weston (Kilburn & Strode LLP) published "CRISPR priority appeal - What you need to know ahead of the hearing". This links to their site (of course) and says: "Arguably the highest profile appeal at the EPO in recent years (T 0844/18) will be heard before the Board of Appeal in Munich on 13-17 January 2020…"

One can guess whose side Kilburn & Strode LLP takes; they're a litigation giant, so the more patents, the merrier (to them anyway).

Back in December we saw some shameless self-promotion by Sterne, Kessler, Goldstein & Fox P.L.L.C., under the giveaway headline: "Prosecuting Bioinformatics Patent Applications in Europe" (the only "bio" they care about it "bio-litigation").

Yesterday's IAM blog post said: "This week, all eyes are on the EPO Boards of Appeal’s oral proceedings in T0844/18, the Broad Institute’s appeal against the revocation of its key patent on CRISPR-Cas9."

Life Sciences Intellectual Property Review, a site whose sole purpose seems to be advocacy of such patents, wrote a lot about it throughout the week [1, 2, 3].

Except a couple of blog posts, which were cited here a day ago, I've found nothing else but this mainstream media piece behind a paywall. It said: "The saga over who owns the valuable patents that cover CRISPR/Cas9 gene editing took a new turn this week with a court decision that goes against the Broad Institute of Harvard and MIT and two local startups."

There are paid press releases, such as this one: (Yahoo, Business Wire)

ERS Genomics Limited, which was formed to provide broad access to the foundational CRISPR/Cas9 intellectual property held by Dr. Emmanuelle Charpentier, announced that yesterday the European Patent Office's (EPO) Technical Board of Appeal (Board) upheld the earlier EPO Opposition Division ruling that the Broad Institute patent EP2771468 is not formally entitled to a number of its asserted priority dates and all its claims are therefore not novel and fully revoked.

EP2771468 is viewed as the Broad Institute’s foundational CRISPR-Cas9 patent in Europe. In January of 2018 the Opposition Division found that all claims of the Broad Institute's patent were invalid because the Broad Institute was not entitled to its two earliest priority dates and thus the claims lacked novelty in light of prior art. The Broad Institute appealed the Opposition Division’s decision, which the Board affirmed yesterday. Thus, all claims of the Broad Institute’s patent remain fully revoked with no option left to overturn this decision.


So there's panic among patent zealots looking to 'own' all lives; they panic because even EPO judges explain that patents on life are fake, bogus, invalid patents.

GenomeWeb, a patent maximalism site focused on that domain (their track record suggests so always), said this:

The European Patent Office (EPO) Board of Appeal has upheld the revocation of a Broad Institute CRISPR patent in Europe.


The Science Board wrote:

An important patent on CRISPR technology held by the Broad Institute has been revoked by the European Patent Office (EPO).

On January 16, the EPO's Technical Board of Appeal upheld a previous ruling in 2018 that the Broad Institute's EP2771468 patent was not novel and therefore should be revoked. EP2771468 is seen as the institute's foundational CRISPR-Cas9 patent in Europe, noted a release from ERS Genomics.

The Broad Institute had appealed the earlier decision, saying the issue related to the "current interpretation of rules that dictate what happens when the names of inventors differ across international applications. This interpretation affects many other European patents that rely on U.S. provisional patent applications, and is inconsistent with treaties designed to harmonize the international patent process, including that of the United States and Europe," according to background information about the patent.


Notice how nobody bothers explaining why such patents are so troubling and problematic. These monopolists are shedding a tear this weekend because there were planning to turn organisms into 'private property' and it's not quite working as they hoped.

How long will it take for a real article to explain all this? We'll watch closely...

Recent Techrights' Posts

Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
 
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October