The Netherlands emphasizes: 'No patents on plants'

The Netherlands has clearly spoken out against granting patents on plant characteristics obtained through classical breeding. To this end, a letter was sent to the highest appeal body of the European Patent Office (EPO).

The EPO's highest appeal body, the Enlarged Board of Appeal, is currently considering the patent issue. She must provide legal clarity. Are classically bred plants patentable or not?

The Netherlands has been committed for years to combating patents on classically bred plants. These have no longer been granted since July 1, 2017, thanks to an interpretative statement from the European Commission. However, the discussion flared up again at the end of 2018 when the EPO ruled that this statement by the European Commission has no legal value. Moreover, the amended implementation rule would be contrary to the European Patent Convention.

Free access is important
The President of the EPO has now referred the matter to the EPO's highest appeal body through a special legal procedure. Various EU member states, including the Netherlands, have submitted their views. The core of the Dutch message is that the interpretative statement of the European Commission must be taken into account. Otherwise, a problem may arise with the convergence between EU law and the European Patent Convention.

“Free access to breeding material is of great importance to maintain innovation and to prevent monopolization,” writes Minister Carola Schouten (Ministry of Agriculture, Nature and Food Quality) in a letter. letter to parliament in which it provides information about the current state of affairs.

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Recently the new Europees Parlement has already adopted a resolution indicating that plants and animals obtained through essential biological processes such as classical crosses should not be patentable. Schouten is satisfied that Europe and its member states share the position regarding the patent discussion. It is not yet clear when the Enlarged Board of Appeal of the EPO will rule on the issue.

Jeanette Pennings

Jeannet has her roots in the flower bulb sector and she grew up on an agricultural company in the northern part of North Holland. As a generalist she reports for Boerenbusiness across all sectors. She is also exploring the possibilities of sponsored advertising.

j.pennings@boerenbusiness. Nl

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