February 2022 - Npos_2018 - lists.testbiotech.de

Johanna has breakdown of her laptop
by Christoph Then 28 Feb '22

28 Feb '22

she is out of reach. in case of urgency: johannaeckhardt(a)yahoo.com

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! update hearing 10 May on Carlsberg
by Christoph Then 28 Feb '22

28 Feb '22

Dear all just a short update on the ongoing preparation for the hearing on 10 of May. (1) on the legal side, this case may becoming highly interesting. It its last written statement, the EPO wrote: „It will be discussed whether any particular technical effect can be associated with the claimed products. If the number of plants can be screened in manner which is not an undue burden and can adequately reproduced (...), OD is of the preliminary opinion that provision of an arbitrary plant with mutations in known genes not associated with any particular effect is obvious and contravenes Art 56 EPC.“ This could mean, Art 56 could become decisive not only for this case, but also for other patents: As I understand the question, the Opposition Division (OD) of the EPO may come to the conclusions that non-targeted mutagenesis (in general) is not technical nor inventive because it only delivers large number of plants with lots of mutations which have to undergo screening to find the technical 'solution'. Especially, if the gene which is expected for potential mutations is known before (as it is the case with Carlsberg and many other cases) such a process is obvious and not inventive. Finally, this is especially relevant for cases in which no new genetic information is generated (as it is the case with Carlsberg and many other cases), but just the normal genetic function is disabled (knock-down effect) From a legal point, this is a nice move, many of our arguments (which so fare were only tested under Art 53 (b) can be addressed within this context. I am just working on a submission by No Patents on Seeds which has to be delivered till 10 of March. Because I am working with patent attorney in Germany, the submission will be in German. Let me if you want to read the first draft. (2) For public activities: This is a real joint opposition, involving organisations (such as WeMove) and some individuals. In addition, there is a second opposition by Austrian brewers. We have to inform an alert them. Furthermore, we should consider a media conference with the free brewers and Austrian brewers (online?). We can present latest findings on beer patents or the new report. Since the hearing is virtual, it is not convincing to hold a organize a public activity in front of the EPO, but we also should consider how to visualize our campaign (existing material, new material?) I think, we should use the annual meeting also for some exchange on this hearing. Cheers Christoph

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new patent granted for Carlsberg
by Christoph Then 24 Feb '22

24 Feb '22

just about the method to perform mutagenesis and identify the plants. No need to react immediately but we should aware of that this patent is granted (it was already on our list of pending patents).

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Welcome Andreas Riekeberg
by Christoph Then 22 Feb '22

22 Feb '22

dear all, Dachverband Kulturpflanzen- und Nutztiervielfalt e. V. is a new member, represented by Andreas. Welcome! Christoph

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IMPORTANT: Documents for meeting of members
by Johanna Eckhardt 17 Feb '22

17 Feb '22

Dear all, I just sent you all relevant documents for the meeting of members via Proton <https://protonmail.com/> . Please let me know if you are going to attend or if you will be represented by another organisation so that we can make sure beforehand to have a quorum (10 out of 20 members have to be present/represented). And welcome to Andreas Riekeberg (CC) from Dachverband Kulturpflanzen- und Nutztiervielfalt e.V. to our group! He will attend the meeting of members. So we'll have the opportunity to get to know each other there. Best, Johanna Mag. Johanna ECKHARDT Project Coordination Tel. +43 680 21 26 343 <mailto:johanna.eckhardt@no-patents-on-seeds.org> johanna.eckhardt(a)no-patents-on-seeds.org NO PATENTS ON SEEDS! <http://www.no-patents-on-seeds.org/> www.no-patents-on-seeds.org <http://www.facebook.com/nopatentsonseeds> www.facebook.com/nopatentsonseeds <http://www.twitter.com/nopatentsonseed> www.twitter.com/nopatentsonseed

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EPO Observatory
by Johanna Eckhardt 17 Feb '22

17 Feb '22

Dear all, the EPO is starting a process to set up an observatory. A current consultation, where comments can be sent in, runs until 4 March. https://www.epo.org/news-events/news/2022/20220209.html "The Observatory will enable the EPO and its partners to better respond to challenges, anticipate change and take measures leading to economic, social and environmental progress. In order to achieve these goals, the Observatory should represent all stakeholders and include diverse viewpoints. Your input is therefore essential in shaping its future." I didn't have time yet to look into it in detail. Best, Johanna Mag. Johanna ECKHARDT Project Coordination Tel. +43 680 21 26 343 <mailto:johanna.eckhardt@no-patents-on-seeds.org> johanna.eckhardt(a)no-patents-on-seeds.org NO PATENTS ON SEEDS! <http://www.no-patents-on-seeds.org/> www.no-patents-on-seeds.org <http://www.facebook.com/nopatentsonseeds> www.facebook.com/nopatentsonseeds <http://www.twitter.com/nopatentsonseed> www.twitter.com/nopatentsonseed

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Media coverage Austria
by Johanna Eckhardt 17 Feb '22

17 Feb '22

Dear all, Today Dagmar was live in Austrias morning TV show and talked about patents! https://tvthek.orf.at/profile/Guten-Morgen-Oesterreich-0630/13887643/Guten-M orgen-Oesterreich-06-30/14124624/Talk-Patente-auf-Gemuese/15105836?fbclid=Iw AR3Ws3LXOEp0Q-yPX3ZYxjzSbPsDZwKYACEUrqyJ9NG0rZtmzzzlbXBu9yw Congratulations! Very well done! Here are some more articles as a result of ARCHE NOAHS press conference yesterday together with the Austrian brewery that supports the petition. Kleine Zeitung: <https://www.kleinezeitung.at/wirtschaft/6100065/Patente-auf-Braugerste_Priv atBrauereien-fuerchten-eingeschraenkte> Patente auf Braugerste Privat-Brauereien fürchten eingeschränkte Bier-Vielfalt Kronen Zeitung: Vielfalt in Gefahr - <https://www.krone.at/2629592> Verein Arche Noah fordert: Kein Patent auf Bier! Best, Johanna Mag. Johanna ECKHARDT Project Coordination Tel. +43 680 21 26 343 <mailto:johanna.eckhardt@no-patents-on-seeds.org> johanna.eckhardt(a)no-patents-on-seeds.org NO PATENTS ON SEEDS! <http://www.no-patents-on-seeds.org/> www.no-patents-on-seeds.org <http://www.facebook.com/nopatentsonseeds> www.facebook.com/nopatentsonseeds <http://www.twitter.com/nopatentsonseed> www.twitter.com/nopatentsonseed

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short update on patent report
by Christoph Then 17 Feb '22

17 Feb '22

Dear all, just wanted to let you know that I made some progress in further patent analysis. in terms of media work before the report comes up, we can use the Nunhems patent as opposed, as well as the Carlsberg patent application on barley WO2021175786 which was filed March last year, but not used in public communication so far. We should present this application before the hearing on 10 of May. In regard to overall report, I am especially looking for patents filed on genetic variations and their usage which are relevant for conventional breeding. There are many examples for 'patents on genes' in the very good research from Ruth and Anne Charlotte. Also the patent as sent by Francois on sugar beet (KWS) is relevant in this context. The pattern behind these patents was exhibited by us already in report 2018, when we listed several patents granted for ENZA (see table attached): The gene sequence was originally detected in model plant (Arabidopsis) an all plant species were claimed as invention showing the relevant genetic variation, no matter how it was introduced. Now, indeed, it looks this is becoming the blue print for more an more applications (as we were warning). Also the Nunhems patent as opposed is following this approach (starting from a finding in Arabidopsis). Many of the applications seem to be especially relevant for CRISPR, but several also are relevant for conventional breeding. I am still working on it to get a clear picture with reliable results. Looks like we can present something interesting which also might be shocking for the CRISPR people. We then have to discuss to which extent we include these specific examples (if mostly relevant for CRISPR) in our report I hope I can present some findings in our meeting. cheers Christoph

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Membership Dachverband
by Johanna Eckhardt 16 Feb '22

16 Feb '22

Dear all, thank you for voting. We have enough votes in favour to welcome Dachverband für Kulturpflanzen- und Nutztiervielfalt officially as NPOS member. There were no votes against the membership. I will invite them as well to our Meeting of members. Best, Johanna Mag. Johanna ECKHARDT Project Coordination Tel. +43 680 21 26 343 <mailto:johanna.eckhardt@no-patents-on-seeds.org> johanna.eckhardt(a)no-patents-on-seeds.org NO PATENTS ON SEEDS! <http://www.no-patents-on-seeds.org/> www.no-patents-on-seeds.org <http://www.facebook.com/nopatentsonseeds> www.facebook.com/nopatentsonseeds <http://www.twitter.com/nopatentsonseed> www.twitter.com/nopatentsonseed

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Petition in Switzerland
by Johanna Eckhardt 14 Feb '22

14 Feb '22

Dear all, the petition is online in Switzerland! . ProSpecieRara: <https://www.prospecierara.ch/erleben/news/news-detail/news/petition-keine-p atente-auf-brokkoli-melonen-bier.html> https:// <https://www.prospecierara.ch/erleben/news/news-detail/news/petition-keine-p atente-auf-brokkoli-melonen-bier.html> www.prospecierara.ch/erleben/news/news-detail/news/petition-keine-patente-au f-brokkoli-melonen-bier.html . Biorespect: <https://biorespect.paperform.co/> https://biorespect.paperform.co <https://biorespect.paperform.co/> / Congratulations! Best, Johanna Mag. Johanna ECKHARDT Project Coordination Tel. +43 680 21 26 343 <mailto:johanna.eckhardt@no-patents-on-seeds.org> johanna.eckhardt(a)no-patents-on-seeds.org NO PATENTS ON SEEDS! <http://www.no-patents-on-seeds.org/> www.no-patents-on-seeds.org <http://www.facebook.com/nopatentsonseeds> www.facebook.com/nopatentsonseeds <http://www.twitter.com/nopatentsonseed> www.twitter.com/nopatentsonseed

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