Bonum Certa Men Certa

No Patents on Life (CRISPR), Said EPO Boards of Appeal Just a Few Hours Ago

The Boards nail Broad

DNA



Summary: Broad spectacularly loses its key case, which may soon mean that any other patents on CRISPR too will be considered invalid

THE decline of patent quality at the EPO is a real problem. The granting of CRISPR patents is an issue we wrote about this morning, having addressed the subject many times before (here's some background).



Thankfully, the appeal board ended up deciding to toss out these stupid patents (metaphorically speaking, not politely put as courts typically do). This was foreseen by a longtime observer and UPC booster. They benefit from sheer abundance of patents. Here is what he wrote last year:

In Europe, the first patent of UC Berkeley has very recently been granted by the EPO.

As in the US, however, the Broad Institute has been the first one to get a patent issued in Europe, namely EP 2 771 468. Against this patent, 9 oppositions have been filed, most of which appear to be so-called strawman oppositions.


The final decision was covered by Daniel Lim, who describes himself as "IP lawyer at Allen & Overy, specialising in life sciences patent litigation. I am particularly interested in CRISPR, I-O and molecular Dx."

"These patents should never have been granted in the first place."So he's into patent litigation in CRISPR, hence he relies on CRISPR patents. Earlier today he wrote: "BREAKING: #EPO's opposition division has revoked the @broadinstitute's #CRISPR-Cas9 patent EP2771468 in its entirety. Things wrapped up v quickly once priority was lost. Broad's 64 aux requests not admitted and novelty not contested. Appeal already flagged..."

Found via Team UPC were a bunch of his other tweets (maybe Broad is his client) and there's lots more in this thread, noting for example: "Appeal to the Technical Board of Appeal of the #EPO already flagged. The Broad considers this to be an issue of "international inconsistency, not just for CRISPR patents, but for a wider range of European patents and applications that originated as U.S. provisional applications..."

He then wrote: "BREAKING: #EPO has just found @broadinstitute's European #CRISPR Patent (EP2771468) not entitled to claim priority from P1, P2, P5 and P11 - upholding the preliminary opinion on this point - inventorship dispute with Marraffini and Rockefeller Uni comes back to bite..."

Broad is in 'damage control' mode (over loss of European Patent/s) and Lim mostly amplifies their side in this dispute. They wrote "[f]or journalists":

In a decision that is unrelated to the substantive merits of the CRISPR patent, an initial review panel of the European Patent Office (EPO) denied the Broad Institute’s reliance on its U.S. priority provisional application in Europe based on a technical formality.

This technicality concerns 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.


These patents should never have been granted in the first place. It's not hard to see why Lim relies on such patents; his desire, however, should not become policy. It's about public interest.

Recent Techrights' Posts

Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
 
Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025
Richard Stallman (RMS) Was Right About "Sideloading" in 1996
We now have computers that treat booting GNU/Linux like an act of "Sideloading"
Panama: Windows Down From 97% "Market Share" to Less Than 30%
In 2009, Windows was measured at 97.24% (compared to 62.32% right now or less than 30% if one also counts Android)
The UEFI 9/11 - Part I - Introduction to Impending Catastrophe (Microsoft Preventing People From Booting Non-Windows Systems)
eight-part series
Why Techrights is Slow Today (Bot Floods)
We don't know if those bots are connected to LLMs (we have not checked), but that is a possibility
Slopwatch: DDoS Slop, LinuxBSDos.com Spam, and Slopfarms in Google News, Including webpronews.com
Among the news we also found fakes, albeit not so much today
Links 26/08/2025: "Ballooning Debt" in France and "Transnational Repression in the UK"
Links for the day
Gemini Links 26/08/2025: Listening to Alcest and Google Doing Evil (Users Installing Software is "Sideloading" and Prohibited)
Links for the day
Links 26/08/2025: DNS Tampering and TikTok Layoffs
Links for the day
Microsoft's Windows "Market Share" Overestimated
Microsoft's income sources are shrinking
We Shall See...
My wife and I are hardly the first victims of Brett Wilson LLP
This New Determination on a Case Echoes the Modus Operandi of Microsoft's Serial Strangler vs Techrights (Its Online Decision/Judgment Says Truth and Public Interest Defend the Publisher)
Noel Anthony Clarke hopefully has enough money left to pay his victims, which include the publishers
Going Offline
There was life before the Net
The Register MS Has Apparently Shut Down Its Office
It is basically a fake address on the face of it
There Are Also Expectations of IBM Layoffs Very Soon With "Narrative Control."
Some of them mention Red Hat and how IBM failed to achieve anything substantial with that acquisition
After at Least Two Rounds of Mass Layoffs in August Microsoft Said to Have "September Layoff Confirmed - Performance Based"
Those "M5 level meetings" sound plausible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 25, 2025
IRC logs for Monday, August 25, 2025