Bonum Certa Men Certa

Antibody Patents Should Not be Allowed (Nor Should CRISPR Patents)

"...currently there is an apparent tension between the USPTO guideline with which antibody patents are granted and the case law with which the validity of existing antibody patents is determined. The antibody “exception” of the USPTO written description guideline says that a claim for an isolated antibody binding to an antigen satisfies the written description requirement even when the specification only describes the antigen and does not have working or detailed prophetic examples of antibodies that bind to the antigen. United States Patent and Trademark Office, Revised Interim Written Description Guidelines Training Materials (1999) at 59–60 [hereinafter Training Materials]; United States Patent and Trademark Office, Written Description Training Materials, Revision 1 (March 25, 2008) at 45–46 [hereinafter Revised Training Materials]. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history. The relationship between Centocor and the USPTO guideline is not clear. Although many commentators generally agree that Centocor at least restricts the scope of the antibody exception, they disagree over interpretation of the post-Centocor antibody exception." (Source: "Written Description Problems of the Monoclonal Antibody Patents after Centocor v. Abbott")

Summary: The patent extremists are still trying to patent life (and/or nature) and their arguments typically boil down to, "there's money in it, so why the heck not?"

THE EPO and USPTO both grapple with a lobbying campaign from corporations which strive to 'own' life and nature. Depending on the integrity of the management at these offices, the lobbyists might get their way, whereupon the public will justifiably protest. Sometimes EPO staff will protest as well. A decade ago the EPO saw many such protests (farmers, examiners and more).



"Nature isn't an invention."Over at Watchtroll, patent firms (Karen Carroll and Sharad Bijanki, the authors, are both in the patent 'industry') have published (just yesterday) "The Evolution of Antibody Patents" and every morsel of common sense says patents on this should be verboten (we wrote about this in relation to the EPO). Also published Monday by Patent Docs was this advertisement for an event on "Antibody Patenting after Amgen v. Sanofi" (covered here before).

Sure. Let's patent life too, they argue. A couple of patent attorneys, Ainslie Parsons and Carmela De Luca, recently covered something to that effect, albeit this time in relation to CRISPR patents.

Why is it even an open question (still) whether such patents should be granted? The answer from any sane and sober person should be "no!" or "no way!"

Nature isn't an invention. Nature is arguably "prior art". Need we remind readers of the scenes shown below?

Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Software patents protest against EPO



Recent Techrights' Posts

"Security Advantages" Explained by a Scammy "Security" Site That Uses LLMs to Spew Out Garbage
destroying the Web by saturating it with "bullshit".
Over at Tux Machines...
GNU/Linux news for the past day
 
Certificate Authority Let's Encrypt Falls to 0.7% in Geminispace (It Was Around 12% Just 2 Years Ago and 7.5% This Past February)
Let's Encrypt is down again
Gemini Links 13/10/2024: Self-hosting Snac2 and Invasion of e-ink
Links for the day
SDxCentral, which the Linux Foundation Paid to Produce Marketing SPAM, Has Now Become Slop (LLM Spew) Disguised as 'Articles'
Google should delist it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 12, 2024
IRC logs for Saturday, October 12, 2024
Links 12/10/2024: More Site Blocking, China's Hostility, and Evan Gershkovich's Upcoming Book
Links for the day
Links 12/10/2024: Boeing to Cut 17,000 Jobs, Medieval Sleeping Habits, Warning About Liquidweb
Links for the day
Links 12/10/2024: Health, Safety and Climate Concerns
Links for the day
Gemini Links 12/10/2024: Ensemble and Assembler
Links for the day
Links 12/10/2024: TikTok Layoffs and Risk of More Wars
Links for the day
IRC Proceedings: Friday, October 11, 2024
IRC logs for Friday, October 11, 2024
Gemini Links 11/10/2024: Against Cynicism, on Atheism, and Dropping Off The Internet
Links for the day
IBM Employees Smell Another Wave of Mass Layoffs (and Explain the Signs)
IBM currently has the policy of hiding the layoffs from shareholders and from the press using NDAs
Links 11/10/2024: Lots More Censorship and Growing Concerns About Health Impact of Social Control Media
Links for the day
Going Almost 4.5 Decades Back to Find 'Dirt' on a Person
That incident was 42.5 years ago. Is that how far some people would go in an effort to discredit a person?
XBox is Dead. This is Just the Beginning.
the main reason Microsoft bought Activision/Blizzard was to hide the growing losses and failure of XBox
The Risk to the "Linux" Brand
Brands that are not guarded from misuse/abuse will inevitably lose their original meaning and their value
Gemini Links 11/10/2024: Deploying Common Lisp Programs and Examining FreeBSD
Links for the day
Links 11/10/2024: Discord Still Blocked in Turkey, Google Might be Split
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 10, 2024
IRC logs for Thursday, October 10, 2024