Bonum Certa Men Certa

The Radicals Are the Patent Boosters, Not the Sceptics and Rationalists

Do not fall for their projection tactics, reinforced through their propaganda sites that equate critics with "pirates" or "theft" (sometimes even leveraging the Red Scare)

Make Patents Great Again



Summary: Contrary to insulting old myths, the zealotry comes from the patent maximalists rather than antagonists of theirs (opposing monopolies on life, nature and mathematics, as per the underlying laws and rulings from the highest courts)

IN AN ARTICLE already mentioned last week in Daily Links ("Trump takes early edge over Biden on IP" [sic]) the psyche of patent zealots is made rather apparent. Political turmoil is OK as long as they get their way. That article was shelved behind a paywall, but now there's more on that in the think tank known as "MIP" -- a site that only ever speaks to (and for) patent zealots. "Fifty four in-house counsel took our survey on how the US patent pendulum has moved and how the courts and the USPTO have changed," it says. As usual, they speak only to people who make a living from litigation (and preparation for it). "The 54 in-house lawyers who took our survey weighed in on Andrei Iancu’s appointment to director of the USPTO, the PTAB and where the patent pendulum is swinging," it added.



"So maybe these so-called 'IP' counsels should put on a "MAGA" hat, join a "liberation" 'protest' to "reopen America" and "make patents great again" (some of these nuts already made red hats that say that)."The 35 U.S.C. €§ 101-hostile USPTO Donald Trump crony Iancu has been what we once called "American Battistelli" (and António Campinos is of course much of the same). These people never met a patent troll they did not like or a patent they didn't approve of. They're patent maximalists. Just like the people surveyed by MIP, which has just said: "In part one, more lawyers thought President Donald Trump’s views on IP were better for their business than those of the Democratic Party’s Joe Biden, but the majority of respondents said either that they ‘didn’t know’ whose IP views among the two men would be better for their businesses or that neither’s were. And while most counsel said the US is not too patent friendly, they were divided on how the pendulum is swinging."

When the term "patent friendly" is thrown around they basically refer to leniency or deviation from the law. Granting lots of fake patents would be "patent friendly" whereas adherence to underlying laws/science would be a "patent-unfriendly" approach.

So maybe these so-called 'IP' counsels should put on a "MAGA" hat, join a "liberation" 'protests' to "reopen America" and "make patents great again" (some of these nuts already made red hats that say that or don cowboy hats).

In the meantime, to us at least, sites like MIP and the people they front for (like those counsels and patent trolls) will be seen as a major problem. Sadly, as we've been explaining for months if not years (even this past Sunday), the other site founded by a scholar (founder of MIP and IP Kat) is still boosting Battistelli's CEIPI (as recently as yesterday) and all we're left with for actual signal are the comments. Here's a new one hypothetically quoting NGOs regarding the latest EBA (EPO Enlarged Board of Appeal) outcome “because there should be no patents on life”. It focuses on Rule 28(2):

Also, did anyone think about how Rule 28(2) is supposed to work in practice?

The method of making a product (a plant) is now decisive for the patentability of that product, while at the same time this method of making the product has no direct impact on the features of the product.

A plant is patentable if the causal mutation was induced. The same plant is not patentable if the causal mutation was “merely” identified in an existing plant. In the latter case, the causal mutation could still originally have been the result of induced mutagenesis, since untargeted mutagenesis techniques have been common in plant breeding for decades and have induced countless background mutations.

Just to give a practical example: say I have identified a new and inventive trait in an existing plant. This plant is not patentable under Rule 28(2). I identify the causal mutation and file a patent application claiming the same plant and provide an enabling disclosure to obtain said plant by induced mutagenesis. Now, exactly the same plant claim is patentable under the EPC. There is no obligation to disclose how a given trait was originally obtained (provided that the plant is not regulated as a GMO). There is only an obligation to provide an enabling disclosure. The disclosure requirement is met by describing the mutagenesis method. The knowledge that a native trait exists which has the same effect as the man-made trait can be kept secret without further ado.

The blessing of Rule 28(2) by the Enlarged Board is a bad joke, which will only lead to creative patent drafting and subsequent outcries by NGOs that the agrochemical industry is still patenting plants that should not be patentable (“because there should be no patents on life”).

A requirement to disclaim plants exclusively obtained by an essentially biological method does not remove the fundamental flaws in Rule 28(2). A claim directed to a plant “with the proviso that the plant is not exclusively obtained by means of an essentially biological process” only disclaims plant that do not comprise any induced mutations. Who can realistically argue that a given domesticated plant does not comprise any induced mutations? (I refer to the decades-long use of untargeted mutagenesis techniques in plant breeding.)

And what about patent infringement? An assumed infringer can (and will) state to his or her defense that he/she did not use induced mutagenesis. He/she simply crossed plants (most likely obtained from the patent holder) and obtained a new plant variety exclusively by using an essentially biological method. It is simply not possible to determine whether a given mutation was originally induced or occurred spontaneously. Would this scenario be confirmed in infringement proceedings, all plant patents have become worthless even if the patented trait has been obtained by technical mutagenesis techniques like gene editing. I sometimes believe that this scenario is exactly the objective of certain supporters of Rule 28(2) since they truly believe that patents in general and particularly plant patents are bad for society.

Plant breeding has developed from an unreproducible process of chance to a technical process that is reproducible, and which can be described in such way that it can be reworked by a person skilled in the art. The proper IP [sic] right [sic] to protect technical processes and the products obtained by technical processes are patents. I do not see any valid reason why (bio)technology in plant breeding should be regarded differently than, let’s say, in medicine. Despite the fact that the development of plant breeding into a biotechnology process is regarded undesirable by many, this can neither be negated nor reversed. Certainly not by the implementation of Rule 28(2).


We already wrote about it 4 times in recent days [1, 2, 3, 4]. The very fact that blogs like Patent Docs constantly lobby for patents on life (maybe a quarter of the total posts there) says a lot. There are even dedicated sites for such lobbying, one of which being/acting as a 'sister' site of WIPR. They use nonsensical terms like "life science"...

All those litigation think tanks disguised as news sites (check their ownership!) sort of sicken us. They sicken society. And once we all get sick they hope to profit by selling us patented drugs at 1,000 times (or more) the price of manufacturing. Making prices "great again..."

Recent Techrights' Posts

Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event
 
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025