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

Web Developers in the US Can Already Disregard Mozilla, Firefox, and Firefox Users
"Last month, Firefox turned 21"
 
Upgrading the Site
Debugging might be needed, so feedback helps
Why Microsoft is Panicking
Keep advocating (or "marketing") GNU/Linux to Vista 10 (or Vista 7) users... there are still over a billion of them "out there".
The Fate of "Blockchains" and "Metaverse" as a Sign of Things to Come for Slop ("AI")
Doesn't that tell us a lot about the modus operandi of these companies?
A Year After the Owner of X (Twitter) Performed Several Nazi Salutes on Stage the Germany-Based and Microsoft-Funded 'FSFE' Decides to Exit X (Twitter)
Will the real Free Software Foundation (FSF) follow suit?
EPO: What Comes Next
European media seems to have been sedated by soft bribes from cocaine addicts
Slopwatch: The Volume of Slop Has Certainly Gone Down a Lot Lately, Slop Image Providers Abandoned/Changed
It's a big improvement compared to past months
Thousands Laid Off at IBM, "Last Day" Yesterday
IBM is a dying company. This is a problem for Red Hat.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 04, 2025
IRC logs for Thursday, December 04, 2025
Gemini Links 05/12/2025: Espressif ESP32-C5 UEXT Module, Pixelfed, and the Web Getting Much Worse
Links for the day
Links 04/12/2025: "People Hooked on [Slop] Far Are More Likely to Experience Mental Distress", Monopolies in Europe, and "Blogging Makes Me Feel Like A Worse Writer"
Links for the day
Dr. Andy Farnell: Can we regain control (of technology)?
"Technology as spiralling mass hysteria has the unsettling potential to draw even rational sceptics like myself into disaffection"
Links 04/12/2025: "Hey Hi" Implosion and Half of Europeans See Cheeto Trump as Enemy of Europe
Links for the day
Communication Needs Open Standards and Open Data
Standards are imperative
The "Hey Hi" House of Cards
The "Hey Hi" bubble is living on borrowed time (days or weeks) and it can implode any time now
Supporting the Free Software Foundation (FSF) Also Supports GNU Development
The FSF is mostly raising money to pay salaries
IBM's "AK Sez" Campaign
In today's media, to be characterised as important and smart one needn't be important and smart
Microsoft's Vista 11 Not Gaining, Just Plateauing or Even Going Down (Over Time)
"Desktop Windows version Market Share Worldwide"
Bubbles Popping, "Hey Hi" (AI) a Passing Fad
"Microsoft slides amid report it's cutting software sales quotas tied to AI"
At The Register MS, "Exclusive Webinar" Means Sponsored Video Ad Disguised as an Article
Why would one choose to watch these?
IBM Forces Staff to Sign an NDA If They Want Severance Package, in Effect Bribing Them or Denying Them Money They're Entitled to If They 'Disparage' IBM
We wrote about the legality or illegality of this in relation to Microsoft two years ago
IBM and Red Hat Not Done With 2025 Layoffs ("RAs") Yet
IBM isn't quite done laying off people this year, with only 3 weeks till Christmas
Gemini Links 04/12/2025: Christmas Looms, Devuan, and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 03, 2025
IRC logs for Wednesday, December 03, 2025
Loads of People Exit IBM Tomorrow
Way to slam the door on on those who march or walk on
Slopwatch: It's Blowing, Jim (Gym), the Bubble is Blowing Up
Let's race to "zero GPT"
At IBM, "Last Day" Can be Same as Layoffs ("RAs"), Might be Euphemism Advanced by PR/HR Under NDA-Tied Conditions
They try to act all happy cheerful (in public) about becoming unemployed
Links 03/12/2025: "Disastrous Hey Hi (AI)", Breaches of Confidentiality, and "Global Democratic Recession"
Links for the day
Fake Security and 'Free' Certificates as a Trap of Planned Obsolescence and Top-Down Centralisation
The boiling frogs
Links 03/12/2025: UK Budget Leak and Criticism of Peace Posturing Over Ukraine
Links for the day
So Far Rust in Ubuntu Has Turned Out to be an Expensive Mistake
it is certainly seeming or feeling like the wrong people are in charge and they make bad decisions based on false reasoning
Gemini Links 03/12/2025: Obsession, Ubuntu, and Programming With Scheme
Links for the day
The Next Stages of EPO Coverage (and Why That Matters)
What's at stake here?
Wayland Rejection Is Not Racist
We need to collectively reject that
Reflections on a Month of Techrights Search
it looks like we've survived nearly a month without the search functionality being leveraged to stage DDoS attacks
New Year's Resolutions 4 Weeks Ahead of 2026
the main New Year's Resolution was... sleep
IBM Layoffs: It's Like They Read From a Script, Like They've Signed a Non-Disparagement Agreement/Clause
Some new departures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 02, 2025
IRC logs for Tuesday, December 02, 2025