Let’s Liberate Diversity! News
European Patent Office circumvents regulations and laws
New Report: ‘European Patent Office vs. the EU’
Our colleagues No Patents on Seeds! have released a new report document the European Patent Office’s (EPO) systematic circumventing of EU laws and regulations. In particular, the EPO is still granting patents on naturally occurring genes, which is prohibited under the European Patent Convention’s ban on patenting plants obtained through conventional breeding.
“Naturally occurring genes are discovered in existing varieties or wild plants. These gene variants can then also be used as ‘marker genes’ to select the desired plants. These patents cover the genes and the use of the respective plants for breeding. In some cases, even the harvest is affected”, Christoph Then, No Patents on Seeds!
A case study on patented maize bred conventionally
The report highlights the particular case of a patent held by KWS on conventionally bred maize with improved digestibility. The KWS patent EP3560330 was the first to be granted in 2022 after the new rule came into force. The patent covers naturally occurring gene variants and the plants selected using these gene variants – it further covers all the maize plants with the described trait for the production of animal feed.
“Despite the EU’s explicit intention to ban these patents, there is concern that hundreds of patents on conventionally bred plants will be granted in the coming years. This development hinders or even blocks access to biological diversity, which is indispensable for breeding plants with disease resistance and for adaptation to climate change. The impacts primarily affect small and medium-sized breeding companies, even if they have no intention of using genetic engineering. Agriculture is also affected”, Dagmar Urban says for Arche Noah, which is part of the international Coalition of No Patents on Seeds!.
In November 2025, the EPO rejected the opposition filed by No Patents on Seeds! against the KWS patent. No Patents on Seeds! has since filed an appeal against the EPO decision. However, as further research has shown, this patent is not an isolated case. In fact, at least five additional patents on natural gene variants—which also cover the respective plants—have been granted since then. Around 40 additional patent applications with similar claims were registered in 2025.K
As part of the debate in 2024 on the future regulation of plants obtained from new genetic engineering (or new genomic techniques, NGTs), the European Parliament called for a ban on the granting of the above described patents and/or a restriction on the scope of these patents. The German Conference of Agriculture Ministers, which met in March 2026, also supports these demands. Recent representative opinion polls in Germany, France, Italy, the Netherlands and Poland show that the general public also regard patents on seeds as a major problem: 80% of the populations opposes them.
In fact, effective bans and restrictions in patent law are absolutely necessary: if such patents are not banned or effectively restricted in the future, there is a risk of dramatic consequences for plant breeding and agriculture. According to No Patents on Seeds! it is therefore all the more important that the European Parliament does not abandon its 2024 position. The vote on potential new regulations regarding NGT plants, which also addresses the issue of patenting, is scheduled to take place as early as May. However, the current text does not yet include effective bans on patents on seeds. The international coalition No Patents on Seeds! is therefore calling for the current legislative proposal to be rejected or amended to include effective prohibitions.
Contact
- Dagmar Urban, Seed policy advisor, ARCHE NOAH, dagmar.urban@arche-noah.at, +43 676 9318180
- Christoph Then, spokesperson No Patents on Seeds!, info@no-patents-on-seeds.org, +49 151 54638040
- Johanna Eckhardt, project coordination, No Patents on Seeds!, johanna.eckhardt@no-patents-on-seeds.org, + 43 680 2126 343
Further information
- More info about the maize patent: https://www.no-patents-on-seeds.org/en/maize
- The appeal of the maize patent (in German): https://www.no-patents-on-seeds.org/sites/default/files/news/Begr%C3%BCndung%20Beschwerde_%20EP3560330_KWS%20Verdaulichkeit.pdf
- The survey about patents: https://www.no-patents-on-seeds.org/en/survey
- Protocol German Conference of Agriculture Ministers (in German): https://www.agrarministerkonferenz.de/documents/endgueltiges-ergebnisprotokoll-amk-bad-reichenhall-2026.pdf
Read the report here
Report (ENG): https://www.no-patents-on-seeds.org/sites/default/files/news/2026%20Report%20No%20patents%20on%20seeds.pdf
EU reform on seed marketing regulation from the perspective of organic breeders
LiveSeeding policy brief
This policy brief, produced within the LiveSeeding project and published by FiBL-Europe (April 2024, adjusted September 2024), examines the proposed EU Plant Reproductive Material (PRM) marketing regulation from the perspective of organic breeders and stakeholders. It assesses implications for Organic Varieties (OV), Organic Heterogeneous Material (OHM), conservation/amateur/diversity varieties, and proposed changes to testing and registration (DUS and the proposed Value for Sustainable Cultivation and Use — VSCU). The brief recommends keeping the Organic Regulation (2018/848) unchanged; preserving current access to OHM for all crop species and ensuring notification remains free of charge; promoting adjusted DUS and VCU/VSCU protocols conducted under organic or other sustainable cultivation systems; keeping VSCU optional for agricultural crops and not extending mandatory VSCU to vegetables and fruits; supporting frugal, decentralized post-registration on-farm testing networks; registering diversity varieties with low administrative burden and without geographic or packaging restrictions; prohibiting patented PRM and use of genetic engineering/new genomic techniques (NGTs) for OV, OHM and diversity varieties; ensuring transparency of breeding techniques and cultivar types; and involving organic stakeholders in delegated and implementing acts while reducing administrative burdens. The brief calls for public funding for voluntary testing and a multi-actor approach to harmonize registration and testing across Member States to support organic breeding, agrobiodiversity and the EU Green Deal targets.
Key topics: EU seed marketing, organic varieties, organic heterogeneous material (OHM), VSCU testing, DUS testing, patents and NGTs, seed policy
Capacity Building on European Seed Policy and Legislation
DiverSeedPaths report (capacity-building recap of online training session on the proposed PRM regulation, 17–18 October 2024)
This DiverSeedPaths capacity-building report (edited by Gabriele Maneo, ECLLD!) summarises an online training held 17–18 October 2024 by Fulya Batur (Kybele) and other EC-LLD! members provides a concise guide to EU seed policy and the proposed Plant Reproductive Material (PRM) marketing reform. It explains the roles of the European Commission, European Parliament and Council and the Ordinary Legislative Procedure; outlines EU legislative instruments (regulations, directives, decisions, recommendations); and describes the regulatory framework for PRM (seed quality, variety registration, plant health, genetic diversity). The report tracks the PRM marketing reform process (proposal 2023/0227 (COD)), summarises positions from the Commission, Parliament and Council, and presents an analysis from a seed diversity perspective drawing on ARCHE NOAH and the “Raise Our Forks” campaign. Key topics include conservation of locally adapted varieties, farmers’ rights to use and exchange seed, access for regional seed producers, sustainability labelling concerns, and transparency/misappropriation risks. The final chapter offers practical advocacy actions (petitioning, outreach to agriculture ministries, petition handovers, interviews with small seed producers, and Council-focused strategies). Partner organisations and contact emails are listed; the project is co-funded by the Erasmus+ programme and implemented by Aegilops, ECLLD!, and Réseau Semences Paysannes (RSP).
Key topics: EU seed marketing reform, PRM regulation, seed diversity, farmers’ rights, advocacy, Ordinary Legislative Procedure, community seed systems
European Patent Office circumvents regulations and laws
New Report: ‘European Patent Office vs. the EU’
Our colleagues No Patents on Seeds! have released a new report document the European Patent Office’s (EPO) systematic circumventing of EU laws and regulations. In particular, the EPO is still granting patents on naturally occurring genes, which is prohibited under the European Patent Convention’s ban on patenting plants obtained through conventional breeding.
“Naturally occurring genes are discovered in existing varieties or wild plants. These gene variants can then also be used as ‘marker genes’ to select the desired plants. These patents cover the genes and the use of the respective plants for breeding. In some cases, even the harvest is affected”, Christoph Then, No Patents on Seeds!
A case study on patented maize bred conventionally
The report highlights the particular case of a patent held by KWS on conventionally bred maize with improved digestibility. The KWS patent EP3560330 was the first to be granted in 2022 after the new rule came into force. The patent covers naturally occurring gene variants and the plants selected using these gene variants – it further covers all the maize plants with the described trait for the production of animal feed.
“Despite the EU’s explicit intention to ban these patents, there is concern that hundreds of patents on conventionally bred plants will be granted in the coming years. This development hinders or even blocks access to biological diversity, which is indispensable for breeding plants with disease resistance and for adaptation to climate change. The impacts primarily affect small and medium-sized breeding companies, even if they have no intention of using genetic engineering. Agriculture is also affected”, Dagmar Urban says for Arche Noah, which is part of the international Coalition of No Patents on Seeds!.
In November 2025, the EPO rejected the opposition filed by No Patents on Seeds! against the KWS patent. No Patents on Seeds! has since filed an appeal against the EPO decision. However, as further research has shown, this patent is not an isolated case. In fact, at least five additional patents on natural gene variants—which also cover the respective plants—have been granted since then. Around 40 additional patent applications with similar claims were registered in 2025.K
As part of the debate in 2024 on the future regulation of plants obtained from new genetic engineering (or new genomic techniques, NGTs), the European Parliament called for a ban on the granting of the above described patents and/or a restriction on the scope of these patents. The German Conference of Agriculture Ministers, which met in March 2026, also supports these demands. Recent representative opinion polls in Germany, France, Italy, the Netherlands and Poland show that the general public also regard patents on seeds as a major problem: 80% of the populations opposes them.
In fact, effective bans and restrictions in patent law are absolutely necessary: if such patents are not banned or effectively restricted in the future, there is a risk of dramatic consequences for plant breeding and agriculture. According to No Patents on Seeds! it is therefore all the more important that the European Parliament does not abandon its 2024 position. The vote on potential new regulations regarding NGT plants, which also addresses the issue of patenting, is scheduled to take place as early as May. However, the current text does not yet include effective bans on patents on seeds. The international coalition No Patents on Seeds! is therefore calling for the current legislative proposal to be rejected or amended to include effective prohibitions.
Contact
- Dagmar Urban, Seed policy advisor, ARCHE NOAH, dagmar.urban@arche-noah.at, +43 676 9318180
- Christoph Then, spokesperson No Patents on Seeds!, info@no-patents-on-seeds.org, +49 151 54638040
- Johanna Eckhardt, project coordination, No Patents on Seeds!, johanna.eckhardt@no-patents-on-seeds.org, + 43 680 2126 343
Further information
- More info about the maize patent: https://www.no-patents-on-seeds.org/en/maize
- The appeal of the maize patent (in German): https://www.no-patents-on-seeds.org/sites/default/files/news/Begr%C3%BCndung%20Beschwerde_%20EP3560330_KWS%20Verdaulichkeit.pdf
- The survey about patents: https://www.no-patents-on-seeds.org/en/survey
- Protocol German Conference of Agriculture Ministers (in German): https://www.agrarministerkonferenz.de/documents/endgueltiges-ergebnisprotokoll-amk-bad-reichenhall-2026.pdf
Read the report here
Report (ENG): https://www.no-patents-on-seeds.org/sites/default/files/news/2026%20Report%20No%20patents%20on%20seeds.pdf
European Router Database: centralised platform for suppliers of organic plant reproductive material (PRM)
LiveSeeding (seeds4organic.eu)
This practice abstract describes the European Router Database, a centralised platform designed to help suppliers of organic plant reproductive material (PRM) place and manage their offers across multiple EU national organic PRM databases. Context is provided by EU Regulation 2018/848, which requires each Member State to host a national database; cross-border suppliers otherwise face 27 different systems in different formats and languages. The Router Database enables suppliers to maintain a single account, provides translations into all official EU languages, and supports direct communication with national authorities. Integration via APIs automates the transfer of offers to national databases (12 APIs are currently operational); where APIs are not available, authorities can download offers manually. The platform also functions as a central repository for stakeholder information and is free to use for both suppliers and authorities. The abstract includes five practical steps for suppliers to register and post offers (visit www.seeds4organic.eu, create an account, verify certification, select countries, place and keep offers updated). Author and contact details are given (Kaja Gutzen, FiBL-DE; kaja.gutzen@fibl.org). The work is linked to the LiveSeeding project and notes funding from the European Union, the Swiss State Secretariat for Education, Research and Innovation (SERI), and UK Research and Innovation (UKRI).
Key topics: organic seed, plant reproductive material, seed databases, cross-border supply, APIs, seed access, seeds4organic
PRACTICE ABSTRACT NO.3 Simple, non-destructive measurement of equilibrium Relative Humidity to evaluate seed moisture levels using a hygrometer
LiveSeeding project (Horizon Innovation Actions 2022-2026)
This practice abstract describes a simple, non-destructive method to evaluate seed moisture by measuring equilibrium relative humidity (eRH) with a hygrometer. Seeds are placed in an airtight container with a hygrometer until the air reaches a stable relative humidity that reflects the moisture level of the non-oil fraction of seeds. An eRH of about 30% is recommended for optimal seed conservation; values above 35% indicate further drying is needed. The method is faster and non-destructive compared with oven-drying to measure moisture content and is independent of seed oil content. Practical protocol steps, notes on hygrometer accuracy (±2%), temperature dependence, and sampling considerations are provided. Additional tools and background are referenced, including a LiveSeeding Practical Guide, the Seed Information Database (SID) calculator, and a Drying Beads supplier tool. Contact and project information are included for further guidance.
Key topics: seed moisture, equilibrium relative humidity, seed storage, hygrometer, seed drying, on-farm seed conservation, LiveSeeding
LiveSeeding seeds4organic stakeholder meeting
What? Save the date for the upcoming online event: “Presentation of New seeds4organic Features & Stakeholder Panel Discussion” showcasing the new www.seeds4organic.eu features developed within the LiveSeeding project. The session will include a...
European Patent Office circumvents regulations and laws
New Report: ‘European Patent Office vs. the EU’
Our colleagues No Patents on Seeds! have released a new report document the European Patent Office’s (EPO) systematic circumventing of EU laws and regulations. In particular, the EPO is still granting patents on naturally occurring genes, which is prohibited under the European Patent Convention’s ban on patenting plants obtained through conventional breeding.
“Naturally occurring genes are discovered in existing varieties or wild plants. These gene variants can then also be used as ‘marker genes’ to select the desired plants. These patents cover the genes and the use of the respective plants for breeding. In some cases, even the harvest is affected”, Christoph Then, No Patents on Seeds!
A case study on patented maize bred conventionally
The report highlights the particular case of a patent held by KWS on conventionally bred maize with improved digestibility. The KWS patent EP3560330 was the first to be granted in 2022 after the new rule came into force. The patent covers naturally occurring gene variants and the plants selected using these gene variants – it further covers all the maize plants with the described trait for the production of animal feed.
“Despite the EU’s explicit intention to ban these patents, there is concern that hundreds of patents on conventionally bred plants will be granted in the coming years. This development hinders or even blocks access to biological diversity, which is indispensable for breeding plants with disease resistance and for adaptation to climate change. The impacts primarily affect small and medium-sized breeding companies, even if they have no intention of using genetic engineering. Agriculture is also affected”, Dagmar Urban says for Arche Noah, which is part of the international Coalition of No Patents on Seeds!.
In November 2025, the EPO rejected the opposition filed by No Patents on Seeds! against the KWS patent. No Patents on Seeds! has since filed an appeal against the EPO decision. However, as further research has shown, this patent is not an isolated case. In fact, at least five additional patents on natural gene variants—which also cover the respective plants—have been granted since then. Around 40 additional patent applications with similar claims were registered in 2025.K
As part of the debate in 2024 on the future regulation of plants obtained from new genetic engineering (or new genomic techniques, NGTs), the European Parliament called for a ban on the granting of the above described patents and/or a restriction on the scope of these patents. The German Conference of Agriculture Ministers, which met in March 2026, also supports these demands. Recent representative opinion polls in Germany, France, Italy, the Netherlands and Poland show that the general public also regard patents on seeds as a major problem: 80% of the populations opposes them.
In fact, effective bans and restrictions in patent law are absolutely necessary: if such patents are not banned or effectively restricted in the future, there is a risk of dramatic consequences for plant breeding and agriculture. According to No Patents on Seeds! it is therefore all the more important that the European Parliament does not abandon its 2024 position. The vote on potential new regulations regarding NGT plants, which also addresses the issue of patenting, is scheduled to take place as early as May. However, the current text does not yet include effective bans on patents on seeds. The international coalition No Patents on Seeds! is therefore calling for the current legislative proposal to be rejected or amended to include effective prohibitions.
Contact
- Dagmar Urban, Seed policy advisor, ARCHE NOAH, dagmar.urban@arche-noah.at, +43 676 9318180
- Christoph Then, spokesperson No Patents on Seeds!, info@no-patents-on-seeds.org, +49 151 54638040
- Johanna Eckhardt, project coordination, No Patents on Seeds!, johanna.eckhardt@no-patents-on-seeds.org, + 43 680 2126 343
Further information
- More info about the maize patent: https://www.no-patents-on-seeds.org/en/maize
- The appeal of the maize patent (in German): https://www.no-patents-on-seeds.org/sites/default/files/news/Begr%C3%BCndung%20Beschwerde_%20EP3560330_KWS%20Verdaulichkeit.pdf
- The survey about patents: https://www.no-patents-on-seeds.org/en/survey
- Protocol German Conference of Agriculture Ministers (in German): https://www.agrarministerkonferenz.de/documents/endgueltiges-ergebnisprotokoll-amk-bad-reichenhall-2026.pdf
Read the report here
Report (ENG): https://www.no-patents-on-seeds.org/sites/default/files/news/2026%20Report%20No%20patents%20on%20seeds.pdf
PRACTICE ABSTRACT NO.4 Enhancing Organic Variety Development with SeedLinked: A Collaborative Digital Approach
Practice Abstract No.4, LiveSeeding (Innovation Actions 2022 – 2026)
This practice abstract describes the SeedLinked digital platform as a collaborative tool to support participatory variety evaluation and on-farm cultivar testing for organic variety development. It identifies common challenges of traditional trial methods—time requirements, inconsistent approaches, language barriers, and data protection concerns—and presents SeedLinked’s web and mobile apps as a solution for standardized data collection, analysis and sharing. The platform supports multiple languages and GDPR compliance, and offers features such as real-time mobile data entry and image tagging. Recommendations include using SeedLinked for trial management, engaging with the platform’s webinars and tutorials, providing user feedback to improve European organic variety evaluation, and leveraging mobile app functions to streamline fieldwork. The abstract references practical materials and case studies, including a Horizon case study on a salsify trial with ProSpecieRara, and lists project contacts, social media channels, and funders (European Union, SERI, UKRI).
Key topics: participatory variety evaluation, on-farm testing, digital tools, SeedLinked, plant breeding, agrobiodiversity, data management, GDPR
May 2026
WS1: Seeds, Biodiversity and the Right to Food: The Role of Municipal Food Policies
WS 2: Seeds in Common: Genebanks, Breeding Innovation, and the Future of Democratic Seed Systems
WS 3: On-farm agrobiodiversity in the Balkan region: from preservation to plant population development
WS 4: Enhancing cultivated biodiversity through local food policies
WS 5: EU Seed Law Reform – What Does It Mean for Fields and Plates, and How Can We Safeguard Seed Diversity? – Advanced Workshop
WS 6: Farmers’ Seed Systems in the Region of Central Asia and Eastern Europe: Experience, Challenges and Future Directions
WS 7: Agroecology Living Labs – Crossfertilization for promoting agrobiodiversity
WS 8: Plant variety protection, NGTs and patents Updates on political debates and cooperation amongst organic breeders, growers and NGOs
WS 9: Affectionate Alliances and Exploratory Mindsets: Building a Global Coalition of Agroecological Seed Networks for Evolutionary Radical Futures
Tasting 1: Crop Wild Relatives – COUSIN Project
Tasting 2: beer tasting – Opificio Birraio
Field Visit – Azienda agricola Floriddia and social dinner
Video
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