Bonum Certa Men Certa

The European Patent Office (EPO) Should Lead the Way in Combating Patents on Nature and on Life

Antibody



Summary: As the Office (EPO) grapples with patents on life, there are indications that these are anything but over

EARLIER this year the EPO (Office, not Organisation) said "no" to a CRISPR patent, i.e. to a patent on genome. This, by extension/extrapolation, may have meant the end of all such patents. We wrote about half a dozen posts about that alone because it was a major/historic decision. A year earlier the Organisation also said "no" to patents on plants and seeds. It was about time. The USPTO, for instance, mostly rejects CRISPR patents, which is just common sense.

Do humans now claim to have invented life and genetics? Is it actually an invention when artificially manipulated a little? Do we want to go down the route of monopolies on 'code' of life? Australia, according to this new report, has just decided that "gene patent claims remain patent eligible" (perhaps not too shocking given the incredible power CSIRO wields there).

"Claims directed to the correlation of gene sequences to a particular trait in cattle remain patent eligible subject matter," said the above, "according to a ruling that has implications for the Sequenom/Ariosa case in Australia and also suggests a widening dichotomy between Australia and the US on gene-based patent eligible subject matter" (the US does this the right way).

If that wasn't bad enough, a day or two ago we also saw CRISPR patents making a little rebound. This account said that the "European Patent Office Grants 2nd CharpentierDoudna Patent Covering CRISPRCas9 Gene Regulation Applications - CRISPRiCRISPRa Techniques Covered by the Patent are Quickly Being Adopted in Drug Discovery and nonTherapeutic R&D ERS Genomics," linking to this statement we had spotted a day earlier or the night before [1, 2].

The EPO may have once again granted a patent on life. No opposition? We didn't know that humans 'invented' genetics. From the press release: "ERS Genomics announced today that the European Patent Office (EPO) has granted Dr. Emmanuelle Charpentier, ERS Genomics’ co-founder, together with the University of California and University of Vienna, its second EU patent with very broad claims covering the use of CRISPR-Cas9 technology for gene regulation. The claims are directed to compositions and uses of a chimeric version of the Cas9 protein, most often associated with use in regulation of gene expression as opposed to direct editing of the genetic code itself. The patent covers uses in both cellular and non-cellular settings, including use in bacteria, plants, animals, and cells from vertebrate animals such as humans."

Do we really wish to allow this in Europe?

Then came some more bad news. Life Sciences Intellectual Property Review (LSIPR) wrote the headline "EPO gears up to hear EpiPen patent opposition" -- the outcome of which we have not yet seen.

For those who don't know, EpiPen is now a truly evil ripoff (huge controversy around it in the US). Will the examiners realise the impact of their decision? It's a matter of life and death (the latter for poor people mostly). These patents let them ban competition and then hike the prices as much as they wish (several orders of magnitude above production costs). According to LSIPR, a decision will have come by month's end:

The European Patent Office (EPO) will hear an opposition against a patent covering Mylan’s EpiPen (epinephrine) at the end of March.

ALK-Abello, a Denmark-based pharmaceutical company that makes the Jext injector, opposed European patent number EP1,786,491 B, along with Merck, in November 2016.

Tim Powell, partner at Potter Clarkson, explained that claim 1 of the patent defines a number of “relatively conventional features” of an injection device, and a needle cover that is moveable between a retracted position (in which the needle is exposed for injecting) and an extended position in which the needle is shielded.


The Opposition/s Division ought to read up about the EpiPen controversy. There are many legitimate ethical matters associated with these patents.

And speaking of these sorts of patents, Novagraaf has just published "Can you protect dosage regimes in France?"

This too is about the EPO, at least partly:

The judgment of the Court of Cassation of 6 December 2017, in the case between TEVA and MERCK (patent owner), is the outcome of a long and complex affair concerning the nullity of the French part of the European Patent (EP) n€°0724444 describing a dosage regime.

[...]

Since the decision of the Enlarged Board of Appeal G0002/08 of 19 February 2010, the European Patent Office (EPO) has admitted the patentability of so-called dosage regime claims: “Such patenting is […] not excluded where a dosage regime is the only feature claimed which is not comprised in the state of the art.”



Yesterday, as in most days, we heard from insiders who are concerned about decline of patent quality at the EPO. It's now even lower than the USPTO's..

Two days ago a site of patent maximalists, Watchtroll, wrote about ۤ 103 in the US, alluding to patenting antibodies. To quote:

Under 35 U.S.C. €§ 103, a claim is not patentable if the “differences between the claimed invention and prior art are such that the claimed invention as a whole would have been obvious” to a person of ordinary skill in the art, before the effective filing date of the claimed invention. The U.S. Supreme Court set forth half a century ago a four-prong test to determine obviousness: (i) the scope and content of prior art, (ii) differences between claimed subject matter and prior art, (iii) the level of ordinary skill in the art, and (iv) objective evidence of nonobviousness, such as long-felt but unsolved need, failure of others, commercial success, unexpected results, and skepticism. Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966).


The USPTO will likely deny patents on antibodies (better known as immunoglobulin), but at the EPO nowadays it seems like nearly anything goes. Even naturally-recurring things like antibodies.

Recent Techrights' Posts

Microsoft Windows Falls to 19% in Congo, Only About 1 in 8 Windows Users (or 2-3% of Web Users) Are on Vista 11
The estimated share of Vista 11 fell sharply this past month
Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
 
Another Case Study Regarding Edge's Death
people adopt Chrome and a lot more people use obscure browsers than adopt the latest Edge
[Meme] A Question of Interests
'The Internet? We are not interested in it.' -Bill Gates, 1993
In the Romanian Browser Market, Microsoft is the 2% (Edge Down to 2.3%)
the Wintel era has ended
Gemini Links 17/08/2024: Selfishness and Offline BBSing
Links for the day
Frans Pop & Debian Day 2024: 31 years of deception and modern slavery
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 16, 2024
IRC logs for Friday, August 16, 2024
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024