Bonum Certa Men Certa

EPO Board of Appeal Has an Opportunity to Stop Controversial Patents on Life

"Since the birth of the Republic, the U.S. government has been in the business of handing out "exclusive rights" (a.k.a., monopolies) in order to "promote progress" or enable new markets of communication. Patents and copyrights accomplish the first goal; giving away slices of the airwaves serves the second. No one doubts that these monopolies are sometimes necessary to stimulate innovation. Hollywood could not survive without a copyright system; privately funded drug development won't happen without patents. But if history has taught us anything, it is that special interests—the Disneys and Pfizers of the world—have become very good at clambering for more and more monopoly rights. Copyrights last almost a century now, and patents regulate "anything under the sun that is made by man," as the Supreme Court has put it. This is the story of endless bloat, with each round of new monopolies met with a gluttonous demand for more."

--Lawrence Lessig in "Reboot the FCC"



Summary: Patent maximalism at the EPO can be pushed aback slightly if the European appeal board decides to curtail CRISPR patents in a matter of days

PATENT scope at the EPO has long been its clear advantage over, for example, the USPTO. Recently, however, the EPO put an end to this advantage, having allowed patents on things even that USPTO had long denied.



Right now in the US lobbyists and professionals who profit from the practice of patenting life/genetics are putting together events and reports to the effect that they want. They want to stop PTAB (the US appeal board), which uses decisions such as Mayo (at SCOTUS) to put an end to all this lunacy of patents on genetics.

What happens in Europe this week is noteworthy. The only media coverage we've found of it (so far) is this:

Today could play a pivotal role in the CRISPR patent landscape in Europe.

The European Patent Office’s (EPO) Opposition Division has begun its oral hearing into the eligibility of one of ten European patents covering CRISPR/Cas9 technology that has been issued to the Broad Institute of MIT and Harvard.

In April last year, the EPO issued a preliminary and non-binding opinion which found that European patent 2,771,468 was invalid.


"EPO opposition hearing just started," Alexander Esslinger wrote a couple of days ago, adding: "The opposition hearing at the EPO against #CRISPR patent EP 2 771 468 of the Broad Institute starts tomorrow at 9 am and is scheduled for 4 days"

Lars de Haas wrote about T1955/13, but it's interesting that not even patents-centric blogs are covering the above. None of them as far as we can see (and we have broad scope/optics).

This morning, perhaps even timed to coincide (today) with the proceedings of a similar (but not identical) case, a statement titled "Growing opposition to patents on seeds" was published to say:

Around 25 patents were approved last year, despite the EPO officially claiming that it no longer grants such patents. The patents cover crops such as lettuce, onions, tomatoes, potatoes, cucumber, grapes, sunflower, sorghum and soybeans. In response, there is growing opposition to EPO practice. And for the first time, a joint letter written by COPA/COGECA, No Patents on Seeds! and organisations from the organic sector has been sent to the EU Commission. COPA/COGECA is the largest farmers' organisation in the EU and also represents many breeders.

Despite growing criticism, the seed giants are still trying to push their agenda of misappropriation of natural resources: Syngenta has asked the EPO to abolish existing restrictions. The company filed an appeal in August 2017, and this will be the subject of a public hearing at the EPO tomorrow.

The existing regulations prohibit patents on conventional (non-technical) methods of breeding and the resulting plants and animals. However, the way in which the EPO applies these rules makes them mostly ineffective: according to the new rules, adopted in 2017, plants and animals are still patentable if they are identified as inheriting genetic variations or random mutations that are relevant for breeding.


As we noted last year, European authorities already helped put an end to various EPs on life. Is more of that about to happen?

European authorities can hardly be described as patents-hostile. Yesterday, for example, an apologist of Battistelli (James Nurton) asked a loaded question: "How helpful is the EU Commission’s SEP guidance?"

How helpeful? It was not helpful at all, except for the SEP lobby!

To quote Nurton:

Both patent owners and implementers have welcomed the European Commission’s communication on standard essential patents. Does that mean it has successfully balanced competing interests or merely dodged the difficult questions? James Nurton investigates


Since this site began in 2006 we have primarily protested software patents; the only other type of patents we're fundamentally against is pertaining to naturally-occurring things such as nature. Stop overpatenting. Or else the whole system will simply lose its purpose and perceived legitimacy.

Recent Techrights' Posts

BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
 
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025