Patent on maize with native traits upheld
Precedent case shows new rule does not solve problems
6 November 2025 / The decision announced today by the European Patent Office (EPO) in regard to an opposition filed against a patent (EP3560330) granted to the German company KWS, only provides for minor, more formal changes. The EPO was supposed to apply a new rule in this case that is intended to exclude patents on plants obtained from classical breeding. However, this new decision means that the patent will still cover the maize plants obtained from the selection of naturally occurring gene variants. No Patents on Seeds! is demanding that the EU take strong action to clarify that patent law only allows patents on methods of genetic engineering. Current EPO practice needs to be stopped.
