Bonum Certa Men Certa

EPO Opposition to CRISPR Patents Has Wide-Ranging and Far-Reaching Impact, But Mind Not the Lobbyists

"Nein!" to patents on humans

Society



Summary: The patent maximalists who strive to bring patent trolls and limitless patents to Europe are losing their battle; this is, for the most part, owing to courageous European examiners who say "no" to patents that aren't justified

THE EPO's Boards of Appeal (maybe even the "enlarged" one) are likely to deal with CRISPR patents some time very soon. That's because an appeal was reportedly lodged after the Office had shot down a CRISPR patent (even the USPTO does not permit such patents).



"IAM recently began posting copies of its articles in other outlets in an effort to broaden the scope/reach of lobbying."Jo Pelly and Phil Merchant (Boult Wade Tennant) have just published "G1/16 - Enlarged Board of Appeal confirms EPO practice on undisclosed disclaimers" (a recent decision), but we have not heard anything or seen anything in the news about CRISPR patents at the EPO for about 3 weeks. It's like a buried subject.

Today, however, IAM brought up the subject again [1, 2]. It said: "There could be CRISPR patent eligibility and licensing troubles ahead, according to biggest-ever study of the global CRISPR patent landscape," citing this new puff piece which said:

A new study [sic] of the global CRISPR patent landscape released today provides the most detailed insight yet into how entities are seeking to protect their inventions relating to the revolutionary technology.


I already responded to IAM some hours ago. "Sorry, IAM, but patents on CRISPR are verboten," I told them, "no matter how much you are paid to claim otherwise..."

"As Germany may take several years just to decide on the constitutional complaint, one can say goodbye to the UPC irrespective of what happens in the UK."As we noted over the weekend, IAM together with Finnegan now lobby for patent maximalism in life sciences. That's just what it is: lobbying.

IAM recently began posting copies of its articles in other outlets in an effort to broaden the scope/reach of lobbying. Some hours ago IAM pushed this EPO puff piece from "Martin Chatel, Product and Quality Manager and Dennemeyer & Associates in Munich..."

IAM, where Battistelli is a writer right now (soon also a keynote speaker), hasn't done a good job distancing itself from its EPO connections. Remember that the EPO's PR firm paid IAM for UPC promotion and speaking of such promotion, Team UPC is obsessing over these things. Alan Johnson (Bristows), for example, is back to publishing misleading 'articles' (lobbying) [1, 2]. One of these does not permit comments and the other recently shielded itself from UPC-hostile comments, so don't expect rebuttals to appear there. The UPC lobby is troubling for all sorts of reasons and it's now done by just a firm or two (most firms stopped talking about it after the constitutional complaint in Germany).

Speaking of "unitary" effect, Professor Michael Risch wrote about EPO/EPC matters several hours ago, as a case of "country consolidation". To quote:

Let's unpack this a little bit. First, for those who were in EPC countries, they continued to file in their home countries and the EPO at the same rate. It's unclear why - perhaps they wanted the extra chance at protection, or perhaps it was for vanity.

Second, in EPC countries, the rate of invention (measured by patent filings) went up, but only a small amount. But because the rates were pretty low, even a small change was a real change.

Third, foreign patent filing shifted to the EPO almost wholesale. Whereas EPC filers chose both, foreign filers seemed to appreciate the ability to get one patent to cover all countries. The implication I take from this is that EPC filers had some strong reason for that national coverage rather than some worry about overlapping protection if one patent were invalidated.


If one looks at the EPO's figures, a helluva lot of patents are German and very few are British. That's not because Brits aren't inventive but because the EPO is instrumental in all sorts of ways for Germany. As Germany may take several years just to decide on the constitutional complaint, one can say goodbye to the UPC irrespective of what happens in the UK.

Recent Techrights' Posts

How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025