Bonum Certa Men Certa

Another Likely Casualty of the Battistelli Regime at the EPO: Validity of Decisions of Terrified Boards of Appeal Judges

A shocked Battistelli



Summary: Under pressure and habitual intervention from a demoralising, overreaching, and out-of-control President (from an entirely different division), examiners and judges 'normalise' the practice of granting patents on genetics -- a very slippery slope in terms of patent scope

EARLIER today we wrote about patents on life being granted by the EPO, even though the USPTO -- owing largely to an excellent PTAB -- rejects these after Mayo and Alice. This served to show that the EPO had probably become more lenient than the US patent system and strict on nothing except 100% obedience to Battistelli with his 'production' obsession. A recent decision from BoA publicly complained about loss of independence, so it's not unthinkable that the Battistelli-led thugs exercise control over judges too, particularly ones who deny patents.

"So they're competing over who will 'own' genetics. Get it? Life."There is a lot of news today about the CRISPR decision/s that we mentioned in the morning. ERS Genomics, for example, issued a press release and copies of it all over the place. To them, it's great news, but at whose expense? US media explains today that "[w]ith such a radical new technology, there is extreme financial opportunity. Rights of ownership over the CRISPR technique have lingered since its initial discovery. Recently, the CRISPR patent disputes were partially settled between the Broad Institute of the Massachusetts Institute of Technology (MIT) and Harvard, and the University of California (UC) Berkeley. On Feb. 15, the U.S. Patent Trial and Appeal Board ruled in favour of the Broad Institute. As a result, the Broad Institute won the patent pertaining to editing eukaryotic genomes, a patent that UC Berkeley considers to be interfering with its claim."



So they're competing over who will 'own' genetics. Get it? Life.

"More importantly, why did examiners (and maybe BoA some day) allow this? Could it be pressure from the top-level management -- pressure that they have already complained about?"This afternoon we have found many new articles and briefs about it, e.g. "CRISPR Therapeutics Announces European Patent for CRISPR/Cas Gene Editing" (also here), "EPO to grant UC, Berkeley CRISPR patent", "Take that Editas: CRISPR Therapeutics and colleagues win a European round in the IP tug-of-war over gene editing tech", and "CRISPR Therapeutics announces European patent for CRISPR/Cas gene editing". So will the EPO now receive a lot of applications for similar patents on life? 'Production'! Is the EPO prepared to become the world's laughing stock? It was bad enough when pigs, plants and seeds got patented -- something which even the EPO eventually realised it cannot carry on allowing (only after many protests, including from the highest offices in Europe).

Based on today's trading [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], some people expect to profit from this grab or monopolisation of genetics, but again, at whose expense? The externalities are vast!

"This will be another toxic legacy of Battistelli, which extends well beyond the Office and tarnishes the track record of the entire Organisation. It's therefore imperative that the tyranny is smashed as soon as possible."More importantly, why did examiners (and maybe BoA some day) allow this? Could it be pressure from the top-level management -- pressure that they have already complained about?

In the mean time, based on another filing and press release, "Key BioTime Patents [are] Upheld by European Patent Office" and this one says that a "large pharmaceutical company and an anonymous filer challenged the EPO’s previous grant of two European patents (EP2554661 and EP2147094), which cover the proprietary directed differentiation methods to produce pluripotent stem cell-derived cell replacement therapies being developed to treat retinal degenerative diseases such as age-related macular degeneration (“AMD”)."

We are not trying to suggest that the BoA are corruptible but rather to suggest that their loss of independence -- something which Battistelli was very eager to ensure (with persistent punishments) -- will impact their decisions and set precedential laws (decisions) that are dangerous. This will be another toxic legacy of Battistelli, which extends well beyond the Office and tarnishes the track record of the entire Organisation. It's therefore imperative that the tyranny is smashed as soon as possible.

Europe is up for sale. Now it's the turn of living organisms to be 'sold' to US corporations that assert they 'own' genetics and can therefore tax reproduction, medical treatments, breeding, etc. Where does this madness end?

Comments

Recent Techrights' Posts

Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024