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No Patents On Seeds

Patent Cases

The European Patent Office (EPO) has already granted many hundreds of patents on genetically engineered plants and animals (see statistics) and has even started to grant patents on normal, non modified plants .

However, legally speaking, there is still uncertainty on where patentability ends. Both the EPC and the EU directive 98/44/EC set limits to patentability of living organisms. Nevertheless, the EPO has repeatedly granted patents which clearly go behond these limits. Some of them have been revoked following an opposition procedure. In other cases the EPO has interpreted the laws in such a way as to undermine the limits of patentability.

Here we present the most important patents which have been disputed and which are important for the development of case law in the area of plants and animals.

» Patent on Brocoli – Plant Bioscience Ltd
One of the precedent cases at the European Patent Office (G2/07)
» Patent on Wrinkled Tomato – State of Israel - Ministry of Agriculture
One of the precedent cases at the European Patent Office (G1/08)
» Patent on Pigs – Newsham Choice Genetics
This patent was revoked after oppositions and public protests.
» Patent on Cows
The opposition against this patent is still under negotiation at the EPO (T1589/10)
» Patent on Sunflowers – Consejo Superior de Investigaciones Cientificas
Opposition was rejected, only claims for process of breeding were revoked (T1854/07).
» Patent on Melons – Monsanto
» Patent for breeding plants with a higher stress tolerance – Bayer BioScience
The comprehensive patent will give Bayer monopoly control over important food crops.
» Insect Resistant Plant – Syngenta
A patent on pepper plants, such as chili, derived from conventional breeding. The patent covers the plants, fruits and seeds and even claims the growing and harvesting of the plants as an invention.
» Patent on Severed Broccoli – Seminis
The plants, which are supposed to make harvesting easier, are derived from conventional cross-breeding and selection. The patent covers the plants, the seeds and the “severed broccoli head”.

 

More patents can be found here