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European Patent Office member states meet to discuss plant patent crisis
Feb. 25, 2019
Representatives from the 38 member states of the European Patent Office (EPO) have met to discuss the patentability of plants obtained by essentially biological processes following several high profile invalidation cases.Representatives from the member states, along with the European Commission as an observer and the office of the EPO met to discuss the patentability of conventionally bred plants and animals.
More than 40 organisations had appealed to EPO president António Campinos in January calling for an end to all patents on plants and animals derived from conventional breeding.
The patents cover various plants, including broccoli, tomatoes and other common vegetables.
Patents that cover the process of conventional breeding on plants an animals derived from essentially biological processes are prohibited by rule 28(2) of the European Patent Convention (EPC).
During a recent meeting, the Committee on Patent Law addressed various options for legal clarity.
According to the EPO, the views of the general public were “strongly underlined in the debate”.
The EPO said that discussions will continue “with the intention to find a solution in the short term”.
Source: IP Pro Magazine
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