June 2022 - Npos_2018 - lists.testbiotech.de

Patentbericht, erweiterte deutsche Zusammenfassung
by Christoph Then 25 Jun '22

25 Jun '22

Rote Buchstaben: neue Formulierung gelb: Hier werde ich den englischen Text nochmal bearbeiten nicht markiert: korrigierte Tippfehler diesen Text müßte Johanna dann nochmal formatieren.

1 0

update from talk with German Ministry
by Christoph Then 24 Jun '22

24 Jun '22

Dear all, today we had a talk with German ministries of justice and agriculture, the Plant Variety Protection Office and the German Patent Office. We presented our findings from the report (latest version). We found, the ministry of Justice is not likely to support our demands. We gained the impression, they (and the German patent office) do not much care about problems in plant breeding. They gave the message that new developments and technologies create new situations and markets .. while we were trying to explain that we just want to safeguard traditional breeder and their rights. They agreed, there are some problems with the KWS patent as granted (they consider it as being not a good example how to apply the new rule in best way) but also said, that if the new rule would be applied properly, problems are solved. They assumed that as long as a breeder does not perform random mutagenesis himself, he will have no problem... what is a complete nonsense. They say, they will wait for court cases to come up, and only react to these cases. We were explaining that prospective assessment would be needed and political decisions taken before it is too late. Amongst the European governments, they see no move at all, to organise for the conference. In short, it looks like the position of this ministry is dominated and guided by vested interests which are not those of the public. But we also got the feeling that the experts from PVP office and also potentially also from ministry of agriculture share (some of) our concerns. We will try to get in closer contact and further exchange. Next steps: After we published our report, we will ask for a meeting. We then can consider to start our 'tour' in Germany (at one or both of the ministries) or maybe go to another country first which may be more supportive. Thus definitely some more points for discussion .. have a nice weekend! Christoph

1 0

!draft media release for next week
by Christoph Then 24 Jun '22

24 Jun '22

please see attached may first draft. I will work on German version and the invitation for media.

2 1

! patent granted for KWS on maize, based on gene variants / need for further update of the report
by Christoph Then 23 Jun '22

23 Jun '22

Dear all please see attached a patent just granted which is in line with the strategy exposed in our report. It somehow seems to be an answer to several questions we had. It raises new questions. Its grant was published on 15 June, just the same day we had our workshop .. The application for the this patent was filed after July 2017 (!!) . Indeed it provides a disclaimer (claim 3) which seems to exclude claims on the plants derived from crossing and selecting, if they inherit the described genes. So this case does not fully support my pessimistic view based on the Enza patents as granted in 2017 (see the annex 4, I sent on the weekend). However, the disclaimer still allows to patent plants derived from random mutagenesis. At the same time, it includes the usage of the naturally occurring genes for screening and selection of the desired plants (Claim 1,2, 10, 11, 12). To my understanding, usage of genes for screening is not included in the breeders exemption which allows the usage of varieties and plants, but not of specific genes. So these claims are likely to block the identification of (marker and functional) genes which would be needed to identify the genes in existing gene pool of maize. I do not know if the publication of the grant of the patent on 15 of June (I guess it was planned to publish before the meeting of the Admin Council). Compared to the patents granted for ENZA in 2017 / 2018 (also granted under Rule 28(2) it is an improvement. However, it does not solve the problems. We now have the chance to explain it in our report - I am working on it. talk to you this afternoon, Christoph

2 2

screaming barley, ready to go
by Christoph Then 23 Jun '22

23 Jun '22

I hope you like it.

1 0

new versions for title
by Christoph Then 23 Jun '22

23 Jun '22

only small differences between the two new versions - do we generally agree?

2 1

! meeting with EPO 5 JUly
by Christoph Then 22 Jun '22

22 Jun '22

Dear all for the meeting with the EPO on 5 July (online) we now have Dagmar, Francois, Ruth, Verena, Johanna and me. anybody else? in case, please sent a short note. thanks, Christoph

1 0

! new version of the report /with attachment
by Christoph Then 22 Jun '22

22 Jun '22

dear all, I still have to double check the remarks from Francois on Annex 4. the title will only slightly be changed to .._can_ block access there will no visual on title, just the wording. I will send this version to EPO and German Ministry next steps: Medie release, media invitation, extended summary in German, but no full German version... Cheers Christoph

1 0

! new version of the report
by Christoph Then 22 Jun '22

22 Jun '22

dear all, I still have to double check the remarks from Francois on Annex 4. the title will only slightly be changed to .._can_ block access there will no visual on title, just the wording. I will send this version to EPO and German Ministry next steps: Medie release, media invitation, extended summary in German, but no full German version... Cheers Christoph

1 0

! alternative Title for the title of the report
by Christoph Then 22 Jun '22

22 Jun '22

Dear all my impression is we should adapt the title of the report to latest findings. Otherwise our message might offer the opportunity for not necessary questions. But this is just for clarification, we also may keep it as proposed and suggested by Francois. I think we can keep the second line title of the title anyway. (Patent research conducted in 2021 shows how industry is trying to patent genes, plants, seeds and food) please note that we might skip the figure from the title and only might have the title in bigger letters. so how about this one? Chaotic approach to patents on genes - a growing threat to conventional breeding PS latest edits received and forwarded to layout already. Hope I can keep timeline with Thursday

2 2