From July 1, 2017
Classic plant breeding patent-free
From 1 July 2017 it is no longer possible to apply for a patent for classically bred plants. This was decided by the European Patent Office on June 29, Plantum reports. Plants that are the product of 'essential biological processes' will from now on remain free from patent law.
The discussion about patent law on plants has been going on for years. Since 2010 spans plantum, the Dutch trade association for companies in the plant propagation material sector, is committed to this case. It does this together with VBN, LTO, Bionext and GroentenFruit Huis. Plantum will give an explanation during a press conference on Friday 30 June.
Support from Dutch politics
Dutch politics played a leading role in the decision. The case has been ratified in Brussels in particular by some very active Dutch MEPs, Plantum writes. Despite the fact that an agreement has been reached between all European member states, the sector organization remains keen on the details.
Patent on technical breeding
From 1 July 2017, companies can no longer acquire patents on plants obtained through a natural breeding process. All patents that are still pending are treated according to the new method. When a technical method has been used, a patent can still be granted, provided the product is new, innovative and can be replicated. This patent may not cover plant material that has the same properties through biological breeding. The elaboration of this still deserves the necessary attention, according to the organization.
Free entry essential
According to Plantum, this decision is essential to give breeders free access to plants and plant properties. The more biodiversity is available, the better the varieties become for growers and consumers. Patents restrict access for breeders.
More changes to come
The sector organization will continue to closely monitor the elaboration of the decision for the time being. The European Commission has announced several other measures, such as improving the general quality of patent granting, more transparency and attention to license renewal. This will be further implemented in the near future.
Niels van der Boom
© DCA Market Intelligence. This market information is subject to copyright. It is not permitted to reproduce, distribute, disseminate or make the content available to third parties for compensation, in any form, without the express written permission of DCA Market Intelligence.