Bonum Certa Men Certa

CSIRO/CRISPR Monopolies on Life (Through Patent Law) May Soon be Dead

Does changing an organism genetically (by selective breeding or gene editing) give one ownership of anything new of its kind?

Pug



Summary: In an age of patented pigs (EPO) and plants/seeds it's important to keep an eye on the CRISPR patent dispute

OUR previous post covered the Supreme Court's (SCOTUS) upcoming decision on Life Technologies Corp. v Promega Corp. -- a case that can certainly impact patent scope at the USPTO, much like Mayo did.



In related news, CRISPR will be challenged quite soon and the patent microcosm isn't too happy about it. "Open Source Advocates Want CRISPR Technology to Be Free," one patent maximalist wrote (paraphrasing the headline). Well, "Open Source Advocates" are not alone in this and the key question here is patent scope, not cost. As Benjamin Henrion put it, "does it take the form of a computer program?"

Well, patents on life are certainly a step too far. We need to ask ourselves who benefits here. See the new article titled "This Is How the CRISPR Trial Will Determine Our Future" (from Vice):

Arguments in a trial to determine ownership of CRISPR, a gene editing technology, started Tuesday in Virginia. The outcome will determine who gets ownership of an incredibly lucrative and incredibly powerful tool that has the potential to “treat” genetic disease.

Two groups are contending for the editing technology patent: on one side is MIT’s Broad Institute and Harvard University, and on the other is the University of California, Berkeley.

The first patent for this technology was filed in 2012 by University of California, Berkeley, researchers for their work describing how genes could be edited in-vitro, The Scientist reported. Later in 2012, researchers at Harvard and MIT filed a patent for editing genes in eukaryotic cells—like those in a forming baby. The UC Berkeley researchers claimed the second patent violated their patent, and this week’s trial will determine who gets intellectual rights to the technology.


The following article was sent to us by some readers over the weekend:

They lined up early Monday morning for ringside seats at the most sensational scientific showdown in the modern era.

The moment the doors opened, lawyers, reporters and hedge fund investors raced for a spot in the cramped, windowless U.S. Patent and Trademark Office in Alexandria, Va.

The tension in the room was electric, as the historic fight for the patent rights to the CRISPR gene editing technology got underway.

CRISPR (Clustered Regularly Interspaced Short Palindromic Repeats) is a revolutionary gene editing tool that allows scientists to edit DNA with unparalleled ease and precision. Two prominent public institutions — MIT and Harvard's Broad Institute and University of California Berkeley — are locked in a legal cage match, fighting to privatize CRISPR.

It could be months before a victor emerges, but the winner will walk away with billions of dollars in licensing fees and total control over one of the world's most important scientific discoveries.



The Atlantic too has explained the importance of this case:

Nobody could recall such a long line at the U.S. Patent and Trademark Office. On Tuesday, more than an hour before the scheduled hearing for a bitterly contested patent dispute over the gene-editing tool CRISPR, a line of lawyers, journalists, and biotech industry execs had snaked through the lobby and across the giant Christmas tree that bedecks government-agency headquarters at this time of the year.

Of course, the dispute over CRISPR is no ordinary patent battle. CRISPR is a potentially revolutionary technique that is so broadly useful across medicine, agriculture, and industry that it could earn the dispute’s winner billions of dollars. Lawyers for the University of California, Berkeley, and the Broad Institute of MIT and Harvard both argue that their scientists had invented CRISPR first.

The hearing was part of something called an interference proceeding—a piece of patent law that is quite literally archaic now. On March 16, 2013, the U.S. patent system switched the way patents are awarded: Previously, a patent was granted to the very first party to invent something; now, a patent simply goes to whoever files a patent application for an invention first. As it happened, Berkeley filed its initial patent just one day before the March 16 switchover. So here we are trying to figure out who invented CRISPR first.


"CSIRO [of CRISPR infamy received] a fair amount of undeserved bad press," IAM wrote (defending CSIRO, obviously!), "some even going so far as to label it a ‘troll’" because it is (see our wiki page about it).

Will this madness finally end, at long last?

More patents do not imply more innovation. The Appeals Court, according to this new article from Mike Masnick, also reminds us that "Patent Infringement Is Good For Competition".

"Of course," Masnick writes, "if you're playing along with the home game, you should already be scratching your head. After all, patents themselves are monopolies. So, if anything, you'd think that any antitrust argument would be focused on the patent holder rather than the patent infringer. But, here, RTI is arguing that the patent infringement itself is a form of an antitrust violation, as it's part of BD's effort to foreclose competition."

Faulty logic. For over a decade we have said the same thing about patents, even back when Microsoft used them to expand its monopoly and assert authority or reign over Novell (and by extension GNU/Linux). If only more people cared to study the real (original) purpose of patents and their impact on competition, a lot of those puff pieces about "innovation" would be long gone.

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026