By reading the comments I have the impression that I should reiterate that technical inventions - in this case - are defined by G2/07 (G1/08): it is the _direct insertion of a trait_ (which - in plant breeding - typically is not the same as just a to induce a genetic variation - see figure 2 in the background).
should we mention breeding with licencses? we know this is possible, however it means to become dependent on the patent holder. Therefore, compared to variety protection, this option is still hampering plant breeding. I would not suggest to explain this in the backgrounder. We did in the other reports when we e.g. talked about Pinto; so in this case I think it is enough to say, patents can hamper or block breeders. Our specific case shows that breeding can be blocked by patents - this is the strong story, we want to tell with the barley.