Bayer / Monsanto are sueing BioNTech, Pfizer and Moderna over patents filed in 1989. I wondered how this is even possible, patents expire after 20 years. Turns out, it's expired almost all over the world, except in the US. How?

It looks like a submarine patent: Filed _just_ in time to benefit of the older US rules (date of issuance + 17 years, kept secret until issued as the US did until Dec 31, 1995 instead of the Jan 1, 1996+ method of date of filing + 20 years, application published within 18 months, as adopted by the US through the TRIPS agreement), then amended with whatever minor edit to delay the procedure indefinitely. The idea is that such patents can stay in limbo practically forever and only once they turn out to be valuable (e.g. somebody else independently invented the same thing) the applicant lets them through, getting the protection for 17 years starting _then_. Maximum licensing fee coverage, no time lost to periods where nobody is licensing!

This patent? https://patents.google.com/patent/US7741118B1/en says filed in May 1995 (as continuation of a series of earlier applications going back to 1989), granted in June 2010, so it was hiding out for 15 years! It's valid for 17 years, which is an indicator that it was processed under pre-TRIPS rules.

However since 2005, federal courts (like the one Bayer went to) might consider such delays undue and apply the doctrine of laches (Symbol Technologies v Lemelson, 2004). That is, Bayer might have to show that it wasn't Monsanto who was responsible for that 15 years delay, or they might lose their claim.

#patents #legal #history

US7741118B1 - Synthetic plant genes and method for preparation - Google Patents

A method for modifying structural gene sequences to enhance the expression of the protein product is disclosed. Also disclosed are novel structural genes which encode insecticidal proteins of B.t.k. HD-1, B.t.k. HD-73, B.t. tenebrionis, B.t. entomocidus , 2 protein of B.t.k. HD-1, and the coat protein of potato leaf roll virus.

what is the point of having trade secrets protected by the #law? what is the point of having proprietary #business processes? what is the point of having #patents?

this is a post about businesses using #Microsoft O̶f̶f̶i̶c̶e̶ Copilot

@Oleksii @robinsyl #ARM64 grows because #Intel and #AMD basically gave up delivering compareable computing power in the same thermal, electrical and price envelope.

Add to it the rise of #SBCs like #RaspberryPi that further kicked the cost down in terms of basic computing and the big #Linux #community that welcomes cheap #hardware and does it's best to put it to good use.

It truly confirms @landley 's saying that #Innovation in Computing it actually trickling up and thus #tech gets moved from the #Desk to the #Rack to "the #Cloud"...

Obviously, I wished for truly #OpenSource'd #RISCv to take the place but that's about 5-25 years lagging behind #ARM due to #patents in many key technologies like #PowerSaving...

Oleksii (@Oleksii@social.linux.pizza)

Attached: 1 image @kkarhan@infosec.space @robinsyl@meow.social I would say ARM is growing kinda fast. What are your ideas? Who is using ARM? https://flathub.org/en/year-in-review/2025

Linux.Pizza

This may be considered #HotTakes by some, I consider these #based: (no ragebait inteded!)

If you have a problem with these, please kindly fuck off in silence!

This list is non-exhaustive...

In doubt | EXIT-Germany We Provide Ways Out Of Extremism

YouTube

@pkal @ghul there's a reason why #Linux is #GPLv2-only and not #GPLv3.

  • Mostly because GPLv3's terms are a non-starter for many things, as it's demands are just not compatible eith #patents and #copyrights that companies have to abide.

But yeah, the #SFC nowadays is quite of a net negative and it makes them and #copyleft look bad.

  • Don't even get @landley started on how "GPL enforcement" made #BusyBox look like litigatious dicks and contributed 0 lines of code back to the project.

Whilst we all would prefer #ReproduceableBuilds and fully-#OpenSource'd and #OpenHardware, beating it out of corporations in court won't be a winning strategy, and lobbying for legislation and espechally choosing repairable and open hardware will be more effective long-term…

Fighting to Keep Bad Patents in Check: 2025 in Review

A functioning patent system depends on one basic principle: bad patents must be challengeable. In 2025, that principle was repeatedly tested—by Congress, by the U.S. Patent and Trademark Office (USPTO), and by a small number of large patent owners determined to weaken public challenges. Two...

Electronic Frontier Foundation
Spark Big Breakthroughs: The Patent Bay Sets Ideas Free

Our planet’s greatest inventions have occurred when industries worked together toward a common good.

Upworthy
BMW Patents Proprietary Screws That Only Dealerships Can Remove

New BMW-branded screws could be used on future vehicles that require special tools to remove, restricting who can work on said vehicles.

CarBuzz

Apple patenta vidrio “más inteligente que duro”: zonas con estrés variable que detienen, ralentizan o desvían grietas lejos de pantallas, cámaras y sensores.

¡Adiós a los cristales rotos que arruinan tu iPhone o Apple Watch tras una caída!

#Apple #Patents #iPhone #VisionPro

By abandoning risk assessment, labelling and traceability on the vast majority of new #GMOs in the EU, this deeply flawed political deal undermines the precautionary principle and deprives farmers, the food sector and consumers of the right to know and to choose. At the same time, it opens the door to an expansion of #patents on plants, threatening farmers and small and medium-sized breeders and the resilience of the European food system. https://www.enga.org/newsdetails/coreper-supports-the-trilogue-deal/
COREPER supports the trilogue deal

“Today’s outcome in COREPER confirms a deeply flawed political deal that would effectively deregulate the vast majority of New GMOs in the EU. By abandoning risk assessment, labelling and traceability for category 1 NGTs, the agreement undermines the precautionary principle and deprives farmers, the food sector and consumers of the right to know and to choose. At the same time, it opens the door to an expansion of patents on plants, threatening farmers and small and medium-sized breeders and the resilience of the European food system.”