- Npos_2018 - lists.testbiotech.de

Parliamentary question - E-003819/2022(ASW)
by Anne-Charlotte Moy 12 Apr '23

12 Apr '23

schon gesehen? Parliamentary question- E-003819/2022(ASW) https://www.europarl.europa.eu/doceo/document/E-9-2022-003819-ASW_EN.html Answer given by Mr Breton on behalf of the European Commission 16.2.2023 As the Honourable Member rightfully stated, essentially biological processes and products obtained therefrom are not patentable, as a result of Article 53(b) and Rule 28(2) of the European Patent Convention (EPC)[1] <https://www.europarl.europa.eu/doceo/document/E-9-2022-003819-ASW_EN.html#d…>, reflected in Article 3(2) of Directive 98/44/EC on the legal protection of biotechnological inventions and the interpretation thereof given by the Commission in its Notice of 8 November 2016[2] <https://www.europarl.europa.eu/doceo/document/E-9-2022-003819-ASW_EN.html#d…>. The exclusion from patentability — by Rule 28(2) — of ‘plants or animals exclusively obtained by means of an essentially biological process’ was confirmed by the decision of the Enlarged Board of Appeal of the European Patent Office (EPO) in the case G 3/19, in line with the Commission’s interpretation set out in the above-mentioned Notice. The Commission is not able to comment on the specific case of patent EP2966992, granted by the EPO (which is not an EU institution), except by noting that claim 1 of that patent includes a disclaimer (‘wherein the seeds belonging to the seed lot are not exclusively obtained by an essentially biological process’), which aims at ensuring that the exclusion of Rule 28(2) is respected. As regards question 1, the Commission wishes to underline that Article 53(b) EPC, reflected in Article 4(1)(a) of Directive 98/44/EC, excludes plant varieties from patentability. However, the Commission is aware of concerns raised from some stakeholders about potential claims being made on traits present in plant varieties that can also be obtained by essentially biological processes. The Commission is not aware of any specific cases, but it is following this matter closely. As regards question 2, and on the basis of the above, the Commission does not, at this stage, plan to propose legislative changes as regards that exclusion. Patenting of plant varieties 23.11.2022 Question for written answer E-003819/2022 to the Commission Rule 138 Sarah Wiener (Verts/ALE) On 8 November 2022, some members of the Committee on Agriculture and Rural Development spoke about the patenting of individual plant varieties and market concentration in the seed sector. The Commission argued in the committee that essentially biological processes and products obtained therefrom by means of normal selection and breeding are not patentable and that this rule is always respected. Whether a plant was obtained via a technical invention (which is then patentable) or via an ‘essentially biological process’ is not always easy to determine in each case, and seed companies find ways to patent plant varieties. This undermines the sovereignty of EU farmers and is leading to an increasing concentration of individual seed suppliers. An example is patent EP2966992 on high-temperature lettuce seeds, where the seeds are derived from conventional breeding methods, and there are other cases where patents have even been partially revoked in the past. It is worth noting that the ban on patenting applies to all products and plant components used in or produced by essentially biological breeding processes. * 1.Is the Commission aware of the fact that there are ways to bypass the European Patent Convention and the Directive on the Legal Protection of Biotechnological Inventions to patent plant varieties? * 2.Does it see a need to close the gap in legislation on the patenting of plant varieties? Submitted: 23.11.2022 -- Cet e-mail a été vérifié par le logiciel antivirus d'AVG. www.avg.com

1 0

! proposal for program of workshop on 6 of June in the EP
by Christoph Then 11 Apr '23

11 Apr '23

Dear all, we have the opportunity to hold a workshop in EU Parliament on 6 of June to present our new report. The host will be Martin Häusling / Greens, we will look for further MEPs to become Co-Hosts. To agree with the office of Häusling, I have to provide a draft program. Since just the next day, the EU Commission might come up with some proposal on New GE regulation, we also could address CRISPR Patents as discussed in our annual meeting. these are my preliminary ideas (for two hours): Welcome 1. NPOS: Presenting new report (20 Minutes) 2. Testbiotech: Presenting recent findings from CRISPR patents (some additional research) (10 Minutes) 3. NPOS: the legal situation and the role of the EU (10 Minutes - this might be my part) 4. Contributions from the panel (MEPs, COPA/COGECA, Euroseeds, organic breeders, EPO, Commission, Experts from Member States) (30 Minutes) 5. General Discussion (30 Minutes) Final words please come back with your questions, comments and suggestions. Christoph

2 1

test
by Christoph Then 03 Apr '23

03 Apr '23

Dear all sorry for this mail, just testing a new laptop. Christoph

1 0

Fwd: [Genet-forum] Some seed companies are opposing patents but...
by Christoph Then 30 Mar '23

30 Mar '23

fyi -------- Weitergeleitete Nachricht -------- Betreff: [Genet-forum] Some seed companies are opposing patents but... Datum: Thu, 30 Mar 2023 09:11:39 +0200 Von: Eric Meunier <eric(a)infogm.org> An: newtech(a)infogm.org, new-gm-eur(a)lists.corporateeurope.org <new-gm-eur(a)lists.corporateeurope.org>, synbiocritics(a)synbiowatch.org, genet-forum(a)lists.genet-info.org Sorry for cross-postings. Eric *Some seed companies are opposing patents but...* by Eric MEUNIER Date of publication : 29 March 2023 www.infogm.org/7715 *Recently, some seed companies in France and Germany have denounced what opponents of GMOs have been saying for years: deregulating the new techniques of genetic modification would allow appropriation of life through patents. But the solution favoured by some seed companies is not to keep the GMO label as a trace of patents in a plant and even less to restrict the scope of patents. On the contrary, some of them wish to organize among themselves the conditions of access to the patent and the settlement of potential conflicts. A new way of privatizing public law.* At the beginning of February 2023, the french seeds and plants interprofession (Semae) organized a symposium on the theme of “variety creation at the service of the farm in 2030”. During two round tables, which discussed the issue of new genetic modification techniques, some seed companies, whose words can be rare, publicly questioned the supposed performances of techniques of genetic modification and the conditions of use of associated patents. Here are the main extracts. *Technically, a more complex reality than claimed* During a first round table entitled “Climate change: what tools for our farms?”, Jean-Pierre Cohan, from Arvalis - Institut du végétal, was very much in favour of deregulating products obtained through new genetic modification techniques [1]. According to him, these processes can “open up a number of ways for obtaining more resilient varieties that are more tolerant to a number of biotic (disease resistance) and abiotic stresses”. Above all, he regrets that these techniques are today considered as giving regulated GMOs with the “constraints” that this implies (risk assessment, labeling...). Marin Desprez, Head of Strategy for the Florimond Desprez seed group, was more critical. He believes that... => to read the full article www.infogm.org/7715 -- Eric Meunier Inf'OGM -www.infogm.org

1 0

welcome to to Eva and Pat
by Christoph Then 29 Mar '23

29 Mar '23

Dear all Eva Gelinsky (IG Saatgut) and Pat Thomas (Beyond PM) are now on our list of /No Patents on Seeds!/ This was decided at our annual meeting. welcome and maybe the new colleagues want to introduce themselves to our group. looking forward for a good cooperation! Christoph

4 3

Fwd: New publication - seed systems
by Christoph Then 28 Mar '23

28 Mar '23

Teshome was working with us some years ago.... -------- Weitergeleitete Nachricht -------- Betreff: New publication - seed systems Datum: Tue, 28 Mar 2023 08:23:25 +0000 Von: Teshome Hunduma Mulesa <teshome.mulesa(a)nmbu.no> An: Teshome Hunduma Mulesa <teshome.mulesa(a)nmbu.no> Hi, I want to share our new perspective article, which reviews the state of knowledge on seed system <https://www.linkedin.com/feed/hashtag/?keywords=seedsystem&highlightedUpdat…> development in low- and middle-income countries, outlining insights emerging from seed systems and seed security <https://www.linkedin.com/feed/hashtag/?keywords=seedsecurity&highlightedUpd…> literature + planting a signpost. The article appeals to academics, development practitioners, policymakers, and the general public interested in plant genetic resources and seeds. Open access on PNAS: https://doi.org/10.1073/pnas.2218777120 With best regards/Med vennlig hilsen A picture containing person, person, wall, standing Description automatically generated* Teshome Hunduma Mulesa* Postdoctoral Research Fellow *Norwegian University of Life Sciences, NMBU* *Department of International Environment and Development Studies, Noragric* *P.O. Box 5003, N-1432 Ås, Norway* ** *+47 672 31 370* *Office: Tivoli 121* *https://www.nmbu.no/ans/teshome.mulesa <https://www.nmbu.no/ans/teshome.mulesa>*

1 0

EPO staff asks for Conference of Ministers!
by Johanna Eckhardt 28 Mar '23

28 Mar '23

Dear all, I just found a current open letter from a European union (USF) supporting the demands of the EPO staff to the chairman of the Administrative Council (Josef Kratochvil) asking for an overdue Conference of Ministers! They reiterated their demands from Oct. 2022! The EPO Union-website: https://www.suepo.org/ The letter (pdf): https://suepo.org/archive/ex23016cp.pdf Union Syndicale Fédérale (USF) is the largest federation of workers employed by European or international public services. USF is [] aiming at the highest quality standards of public services. These standards are meant both related to internal social issues and provide the best service to the (European) public at large. They mention as well the critique by industry on poor patent quality I just sent and very briefly the Unitary Patent and the EPOs 50th anniversary. 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

2 1

Industry criticises poor quality of EPO patent examination
by Johanna Eckhardt 28 Mar '23

28 Mar '23

Dear all, the industry currently criticises the poor quality of patent examination. They formed an initiative that wants to discuss their demands with the EPO. It is not a new EPO problem, but interesting that they are currently discussing it publicly. Gabi made me aware of a German article: https://www.rnd.de/wirtschaft/zoff-um-das-europaeische-patentamt-wird-die-pr uefung-zunehmend-nachlaessig-67MMZ4KHQJFBTEPYN6IZCU3JYE.html Here some info in English: https://www.juve-patent.com/legal-commentary/epo-and-ipqc-reach-impasse-in-p atent-quality-discussion/ Some interesting ideas in the article, such as "The IPQC [industry] founders are particularly concerned about the patent office's continuing efforts to increase the efficiency of its examination processes. As they see it, this is resulting in the EPO becoming an increasingly profit-driven organisation." "Furthermore, the fact that some of the EPO's 39 contracting states rely on the income generated by patent applications is somewhat reinforcing this idea." 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

1 0

industry perspective on random mutagenesis patents
by Francois Meienberg 22 Mar '23

22 Mar '23

Dear All I am sitting in an UPOV-Seminar and just listened to a presentation<https://www.upov.int/edocs/mdocs/upov/en/upov_sem_ge_23/upov_sem_ge_23_ppt_…> by Bo Gertsson<https://www.upov.int/edocs/mdocs/upov/en/upov_sem_ge_23/upov_sem_ge_23_bio_…> - Group manager at the Plant breeding department in Lantmännen Lantbruk - probably one of the bigger breeding companies in Scandinavia. (the presentation is public and could be used) He concludes: * The limited breeding exemption in the EU's unitary patent should be incorporated in the national legislation in all EU countries * Mutations created through random (contrary to targeted) mutagenesis should not be patentable * The concept of "essentially biological processes" is very important * Screening segregating offspring and developing markers is standard knowledge and should not be patentable * It is difficult for Small and Medium Enterprises to compete with Big Business when they have to navigate in a patent environment Questioned about his position on random mutagenesis, he answered that it is most of all because the industry needs trust from the farmers and consumers - and that they are (rightly) very critical about power in agriculture ... Best François

1 0

Cercospera Patente von KWS - neu?
by Francois Meienberg 22 Mar '23

22 Mar '23

Dear All I just received a hint which is maybe interesting to follow-up. It seems that the the registration for the Varieties falling under the Cercospera Patents from KWS (as now disclosed in Pinto) have been filed before the patents have been filed. The result would be that all the patents lack novelty. I wonder if KWS is really so stupid - but it would certainly be good to check. Best François

3 3