Bonum Certa Men Certa

A Call for Patent Sanity

UK telephone box



Summary: The public's call for reform is motivated by improved understanding of today's debased patent system and how out-of-order (detached from its original mission statement) it has gotten; patent maximalism, if it does not completely unravel this whole system, severely discredits it

THE effort to paint everything as a "Science" or a "Technology" does not amuse us. We've come to the point where nature is being called something like "natural science" for the sake of patenting (there's also "biotech" and life has become "life science"). MedTech and similar words/phrases like Software as a Medical Device (SaMD) were tackled here before; this morning we saw this new piece about "Agritechs" (first time we see that as a single word). It says that "the decisions in Broccoli II and Tomato II led to disappointment amongst farmers and breeders, who viewed the decisions as putting unnecessary hurdles in the way of conventional breeding activities."



"It has long been pretty incredible that the European Patent Office (EPO) grants patents on plants, seeds and animals."Well, duh.

It has long been pretty incredible that the European Patent Office (EPO) grants patents on plants, seeds and animals. António Campinos and Benoît Battistelli have both done photo ops with groups that push for this lunacy, propelling that agenda. This, in my view, is even crazier than those ludicrous software patents in Europe (in effect monopolies on mathematics) because it's like claiming credit for the planet's own work (or "God" is you're a religious person). We've written about EPO protests over this matter for well over a decade now. We posted photographs from those protests as well. Remember those massive inflatable pigs? Who can forget?

"Patent examiners we know (yes, we occasionally speak to a few) are generally against that. They don't think it does any good to the reputation of the employer and their job, not to mention the sense of injustice associated with helping mega-corporations which are in effect chemical giants (they literally make poisons; see Bayer's and Monsanto's entire history) at the expense of poor farmers -- many of them so debt-saddled and stressed that they commit suicide."Also this morning we saw new sponsored 'articles' like Managing Intellectual Property's "EPO: Plants which are not patentable" (notice sponsorship note on the left hand side). All plants should not be patentable. The common loophole or workaround is GMO. Irrespective of the merit of the manipulation/mutation they look to patent it and if it reproduces, they then claim to 'own' that too. Quite a ploy for endless, limitless monopoly! The U.S. Patent and Trademark Office (USPTO) is antagonistic towards that (because of Mayo for instance), whereas in Europe nothing was done to tackle the matter. The EPO continues to shelter the monopolies of Bayer/Monsanto.

Patent examiners we know (yes, we occasionally speak to a few) are generally against that. They don't think it does any good to the reputation of the employer and their job, not to mention the sense of injustice associated with helping mega-corporations which are in effect chemical giants (they literally make poisons; see Bayer's and Monsanto's entire history) at the expense of poor farmers -- many of them so debt-saddled and stressed that they commit suicide.

For the long-term survival of the patent system the credibility of the cause is essential; right now with COVID-19 the patent system is coming under endless scrutiny (and Watchtroll keeps moaning about the critics). How can we reconcile the need to find cures/inoculation -- as soon as possible to be distributed as widely as possible -- with the race for monopolies, exclusivity, and price-fixing efforts (related to access to medicines and generics being crushed).

"The patent system cannot survive for long (it may cease to exist altogether) if the public cannot be convinced that it serves the public interest."The patent system isn't like a 'God-given' thing; heck, it has barely existed in the entire history of human kind. It's a relatively young concept, mostly promoted if not also conceived by the super-rich looking to guard their wealth. They're not happy with SCOTUS examining constitutional aspects and coming up with 35 U.S.C. €§ 101/Alice because it limits the scope of monopoly. It increases freedom to operate (not the same as deregulation) and broadens the Commons.

The patent system cannot survive for long (it may cease to exist altogether) if the public cannot be convinced that it serves the public interest.

"...the public generally comes to realise that many patent monopolies are derived from the 'public purse' and then handed over to private hands that rip off the taxpayers."Two days ago CounterPunch published this article entitled "Is it Impossible to Envision a World Without Patent Monopolies?"

"Elisabeth Rosenthal," it said, "who is a very insightful writer on health care issues, had a column this morning warning that we may face very high prices for a coronavirus vaccine. She points out that this is in spite of the fact that the government is paying for much of the cost of the research."

This is another common cause for criticism; the public generally comes to realise that many patent monopolies are derived from the 'public purse' and then handed over to private hands that rip off the taxpayers. This is a gross abuse of the system and the more people catch up with it, the stronger the resistance will become. In this particular context, unlike with code, many lives are at stake.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
 
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026