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

Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
 
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025