Bonum Certa Men Certa

'Owning' Nature, Thanks to Patent Insanity and People Who Profit From That

Related: Stop Patenting Life, Nature is Not an Invention (you owe nature, you don't own it)

Some wild poppies



Summary: Questionable patents on things that always existed and are merely being explained or reassembled; those sorts of patents typically serve to merely discredit the patent system and courts too increasingly reject such patents (e.g. SCOTUS on Mayo Collaborative Services and Myriad Genetics, Inc.)

THE subject of patents on life/nature is a hotly-debated one at the EPO; many patents got voided (at least virtually) en masse. The USPTO is a lot more lenient and there are some blogs/sites that proudly promote patents on life (or what they call "patents for life").



One such site is Patent Docs. Kevin Noonan and Donald Zuhn have just advertised this event which they participate in:

McDonnell Boehnen Hulbert & Berghoff LLP and Patent Docs will be hosting a CLE program on Biopharma Patent Law from 10:00 am to 1:00 pm on October 24, 2018 at the Boston Marriott Cambridge in Cambridge, MA. MBHB attorneys and Patent Docs authors Kevin Noonan and Donald Zuhn...


They had also advertised this event on 'biosimilar' patents, set up by patent zealots from the Intellectual Property Owners Association (IPO). "In light of FTC challenges to a series of contemporaneous business deals including patent settlements," it says, "the future of non-cash forms of compensation" is debated. A few days prior to this Kevin Noonan wrote about a case that we covered before: E. I. du Pont de Nemours & Co. v Synvina C.V.

What made this unique was an invalid patent in the context of chemistry:

The Federal Circuit reversed a finding of non-obviousness in a Patent Trial and Appeal Board decision in an inter partes review, in an opinion handed down Monday in E. I. du Pont de Nemours & Co. v. Synvina C.V.

The patent was directed to methods for oxidizing 5-hydroxymethylfurfural or derivatives thereof under reaction conditions specified by the claims ("temperature, pressure, catalyst, and solvent"), to form 2,5-furan dicarboxylic acid ("FDCA"). FDCA can be produced from sugars and thus is considered by the Department of Energy to be a "green" or environmentally beneficial precursor to other materials.

[...]

(Interestingly, the evidence adduced by DuPont in support of standing establishes their intent to willfully infringe should the panel not decide that the PTAB erred in not finding the '921 patent to be invalid, although the panel was careful to state in a footnote that "we make no judgment on whether DuPont has infringed or is infringing the '921 patent.")


A similar article was produced by Dennis Crouch, who revisited the case by saying: "My prior post on DuPont v. Synvina focused on the obviousness of a claimed range in the context of inter partes review (IPR) proceedings. The decision also raises a question of standing — whether the patent challenger DuPont had standing to appeal the IPR decision favoring the patentee Synvina. [...] With the standing requirement met, the Federal Circuit was able to hear DuPont’s argument and agreed that the claims are obvious."

So the US patent office granted the patent in error. The effect of such errors can be profound; Acorda was recently brought up by Crouch in relation to this (after its shares had collapsed, following Acorda Therapeutics, Inc. v Roxane Laboratories Inc.). Watchtroll wrote about it three days ago and on the same day it wrote about CRISPR-Cas9 patents (life being 'owned' by patents, hence a controversial type of patents). To quote: "The Court affirmed a Patent Trial and Appeal Board (“Board”) decision finding there was no interference-in-fact between UC’s patent application and the claims of twelve patents and one application owned by Institute. See Regents of the Univ. of Cal. v. Broad Inst., Inc., No. 2017-1907, 2018 U.S. App. LEXIS 25535 (Fed. Cir. Sept. 10, 2018) (Before Prost, Schall, and Moore, J.) (Opinion for the court, Moore, J.)."

This case received a lot of media attention [1, 2, 3, 4] and the decision [PDF] from the Federal Circuit is widely cited. The US patent system has truly gone insane if things that aren't inventions but are naturally-occurring can become a private monopoly. People (design-)patent nature now, too. As Crouch noted a few days ago, there are patents on marble!

A natural phenomenon is not patent eligible — neither is a man-made items that is identical to a naturally occurring. The image below sure looks like a natural stone pattern, but is actually an image of an artificial quartz stone slab patented in U.S. Design Patent No. D825,787 that issued in August 2018.

[...]

As per usual standard operating procedures, the USPTO issued the design patent in a first-action-allowance without rejection and without citing must of relevance.


It is pretty incredible that the USPTO lets this slip in, not through. Opioid addiction, as we noted quite recently, was also exploited by patents; a family of billionaires had created lots of drug addicts in the US (with many fatal consequences) and the USPTO is rewarding them for a crisis of their own making with a monopoly on treatment. As Watchtroll put it on Saturday, there's a Delaware case (the 'new' Eastern Texas) dealing with this and "[t]he Federal Circuit reversed the District of Delaware’s decision to invalidate Orexo’s opioid treatment patent as obvious because obviousness was not proved by clear and convincing evidence."

Sure then. Make treatment of deadly drug addiction a monopoly too. Maybe drug addicts will then have to commit lots of crimes just to add up the money to get a cure for their addiction. This is an exercise in self-discreditisation by the USPTO.

Recent Techrights' Posts

Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
 
Links 17/03/2025: Live Nation’s DOJ Antitrust Battle Carries on, as Does the Demise of the "Hey Hi" Bubble
Links for the day
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025
Gemini Links 15/03/2025: Sleeping in March, Headless Raspberry Pi 4
Links for the day
Links 15/03/2025: Hey Hi (AI) Hype Waning, Microsoft and Apple Ridiculed for Vapourware
Links for the day
Many Reports About Microsoft Layoffs Are LLM Slop Based on Other LLM Slop (From Microsoft-controlled LLMs That Downplay the Layoffs or Give Badly Outdated Data)
The LLM slopfarms also dilute/derank actual news about Linux by pushing Microsoft Azure instead; it's a spamfest!
When You Expose Corporate Crimes, Misconduct and Lies They Harasses and Troll You. Then You Write About the Harassment and Trolling and They Allege It's "All Personal".
protect women's safety
Gemini Links 15/03/2025: Bandcamp and DST
Links for the day
Links 15/03/2025: Albania TikTok Ban, No Skinnerboxes in Danish Schools
Links for the day
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025