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

01.19.20

CRISPR Patents Disallowed, But Where Are the Journalists?

Posted in Deception, Europe, Patents at 11:29 pm by Dr. Roy Schestowitz

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…

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Links 28/3/2020: Wine 5.5 Released, EasyPup 2.2.14, WordPress 5.4 RC5 and End of Truthdig

    Links for the day



  2. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  3. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  4. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  5. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  6. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)



  7. Faking Production With Fake Patents on Software

    The EPO with its illegal guidelines (in violation of the EPC) can carry on churning out millions of fake patents that European courts would only waste time on and small companies be blackmailed with (they cannot afford legal battles)



  8. With the Unified Patent Court (UPC) Out of the Way Focus Will Return to EPO Corruption

    Expect the European Patent Office (EPO) to receive more negative attention now that the ’cause’ of UPC is lost and there’s no point pretending things are rosy



  9. IRC Proceedings: Thursday, March 26, 2020

    IRC logs for Thursday, March 26, 2020



  10. Links 27/3/2020: qBittorrent 4.2.2, Krita 4.2.9, pfSense 2.4, Bodhi Linux 5

    Links for the day



  11. IRC Proceedings: Wednesday, March 25, 2020

    IRC logs for Wednesday, March 25, 2020



  12. Still Work in Progress: Getting Those 2,851 Pages of Police Report About Arrest for Pedophilia in Home of Bill Gates

    It’s extremely difficult to get those police records, which were requested exactly one day before the media started attacking Richard Stallman (associating him with pedophiles based on a deliberate distortion)



  13. Links 26/3/2020: Plasma Bigscreen, New Kubernetes, Fedora's New Identity and Bodhi Linux 5.1.0

    Links for the day



  14. Guest Article: Window Managers, Github and Software Disobedience

    "Walking away from monopolies is the essence of freedom"



  15. Links 25/3/2020: LLVM 10.0.0 and UCS 4.4-4 Released, WordPress 5.4 RC4

    Links for the day



  16. 'Team UPC' Last Week

    The looks on Team UPC's faces 5 days ago (before and after the 9:30AM announcement)



  17. The Fall of the UPC - Part VII: Lies and Revisionism About the Reasons for the UPC's Ultimate Demise (to Leave the Door Open for More Failed Attempts)

    The media was lying in a hurry, in a coordinated effort to distort the meaning of the FCC's decision or belittle the impact of this decision; Techrights will carefully watch and respond to these lies



  18. IRC Proceedings: Tuesday, March 24, 2020

    IRC logs for Tuesday, March 24, 2020



  19. Linux Foundation Became Anti-Linux, Run by Microsoft People to Serve Microsoft's Agenda

    Microsoft is taking over the bodies of healthy projects, infecting the hosts in order for them to become slaves of the proprietary parasite; there's still no (known) cure, but we're familiar with the symptoms



  20. Microsoft Continues to Attack and Steal From the Open Source/Free Software Communities

    Microsoft cannot be trusted and there's no "new Microsoft," as another fairly new story serves to show



  21. Targeted Attack Leveraging FSF Servers

    Targeted by a determined and persist perpetrator, I've received over 20,000 E-mails. And the weapon of choice was the FSF's infrastructure, remotely misused against yours truly.



  22. If We Weren't Silencing Founders, Critics and People We Just Don't Like

    "In the long run, history is rarely very kind to tyrants, especially the ones who did little more than lie to people and demand things that served no real purpose."



  23. The Fall of the UPC - Part VI: Drowning in Material

    We're starting to see few good reports on the subject of UPC being rejected by the constitutional court of Germany; we also have a rapidly-growing 'buffer' of rather blatant examples of disinformation (which we'll tackle as best we can)



  24. FFII: EU Software Patent Court Stopped by Constitutional Court, Patent Industry Will Try Again

    The third attempt to validate software patents in Europe via a central patent court (UPC) has been stopped by the German Constitutional Court. The Unified Patent Court (UPC) would have given the keys of the kingdoms to the patent industry, and the last word over software patentability. FFII predict that the patent industry will continue to push for an UPC v2.0.



  25. Links 24/3/2020: Alpine 3.11.5, MythTV 31.0 and Tails 4.4.1

    Links for the day



  26. IRC Proceedings: Monday, March 23, 2020

    IRC logs for Monday, March 23, 2020



  27. Links 23/3/2020: Linux 5.6 RC7, Audacious 4.0, and Git 2.26 Released

    Links for the day



  28. The Fall of the UPC - Part V: Pretending That Opponents of the Unitary Patent Simply Don't Exist

    It's difficult if not totally impossible to find articles from impartial journalists -- let alone from actual scientists -- about the failure of the Unitary Patent and UPC Agreement (UPCA)



  29. The Fall of the UPC - Part IV: IP Kat Became Just a Team UPC Megaphone

    Willem Hoyng (Drafting Committee of the UPC's Rules of Procedure) is 'writing' IP Kat right now; has the blog turned into the very thing it fought to expose?



  30. The Fall of the UPC - Part III: Pure Comedy From Watchtroll and Its UPC Lobbyists From Managing IP

    Two megaphones of European Patent Office (EPO) management and boosters of Team Battistelli, namely Managing IP and Watchtroll, want us to think that UPC is merely “delayed” and that acts of overt corruption can be described as “passed unanimously by the Second Chamber of the Bundestag”


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