No patents on seeds! / www.no-patents-on-seeds.org/en
This report documents how the European Patent Office (EPO) continues to grant patents on plants and traits derived from conventional breeding despite the introduction of Rule 28(2) EPC, which was intended to prohibit patents on plants obtained from essentially biological processes. Using four recent case examples (maize, broccoli, tomato and endive) and a table of additional patents, the report identifies recurring claim strategies used to circumvent the Rule: identifying natural gene variants as markers for selection, analysing plant composition, claiming plants produced from seed, and claiming variants reproduced by random mutagenesis or NGTs. The report explains the legal and practical consequences for breeders, agrobiodiversity and food production, arguing that current EPO practice undermines the legislative intent of the EPC and the European Plant Variety Protection framework. It proposes legal solutions to be considered by EU institutions and the EPO Administrative Council, including clarifying the definition of “essentially biological processes”, introducing explicit prohibitions, defining patentable technical inventions, and establishing a full breeders’ exemption to preserve free access to conventionally bred plant material.
Key topics: patents, EPO, Rule 28(2) EPC, EU Patent Directive 98/44/EC, breeder’s exemption, conventional breeding, agrobiodiversity
