01.19.20

Gemini version available ♊︎

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  2. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  3. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  4. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  5. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  6. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  7. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  8. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  9. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  10. Links 16/1/2022: Tsunami and Patents

    Links for the day



  11. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  12. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  13. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  14. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  15. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  16. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  17. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  18. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  19. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  20. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  21. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  22. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  23. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  24. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  25. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  26. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  27. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  28. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  29. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day



  30. Call a Spade a Spade (Microsoft 'Contributions' to Linux)

    Call a spade a spade; Microsoft does not love Linux and doesn’t try to help Linux, as it’s still all about Windows and proprietary software with surveillance, back doors, and worse things


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