Articles

27.03.2015 |

European Patent Office upholds patents on broccoli and tomato

Patents on plants and animals derived from conventional breeding can also be granted in future

Munich 27 March, 2015

The Enlarged Board of Appeal of the European Patent Office (EPO) has decided on the precedent cases of broccoli and tomato (G2 / 12 and G2 /13). The EPO made clear that while processes for crossing and selection cannot be patented, plants and animals stemming from these processes are still patentable. This illogical decision was a long awaited outcome of a precedent case on the patentability of plants and animals derived from conventional breeding. The coalition No Patents on Seeds! has heavily criticised this decision. The organisations are warning about the increasing monopolisation of breeding of plants and animals needed for food production.

“The EPO has paved the way for companies such as Monsanto, Syngenta and others to take control of resources we all need for our daily lives. We call upon European governments to put political pressure on the EPO to change its practice”, says Christoph Then for No Patents on Seeds! “No company should hold monopolies on sunlight, air or water. The same is true for the resources needed for food production.”

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