Dear Christoph
Thanks for this interesting case.
This would mean that all subsequent breeders would be free to use the resistant spinach for their own breeding. And their would be no problem, even if the new bred varieties would have the same resistance. The only thing they are not allowed to do. would be to use the defined process or use the defined marker to select the new variety. In this case only the question remains, how easy it will be to do the selection without the patented method. And in general terms, what would be the effect of more and more patented selection methods (used in conventional breeding) on the conventional breeding sector.
Correct?
Best François
-----Ursprüngliche Nachricht----- Von: Npos_2018 npos_2018-bounces@testbiotech.de Im Auftrag von Christoph Then Gesendet: Samstag, 4. November 2023 08:55 An: npos_2018@testbiotech.de Betreff: [Npos_2018] interesting patent granted on spinach
Dear all
this patent was filed in 2019. The claims as granted only cover processes for identification and usage of the identified genes. These claims are not worded as claims for production of the plants (which would cover the plants as well), they only concern the processes.
the original patent application covered the plants, inheriting the genes.
It seems the EPO is now trying to reduce the scope of the claims in regard to genetic resources. I think, it is the first case for such type of patents we see for patents being filed after 2017. I will have a look into the documents of the examination procedure. It also will be interesting to see, if companies will file oppositions and appeals. We also should look into Pinto to see if the company claims that the variety is protected by patents (which from my understanding would not be true).
It looks like, in future, the only way to claim conventionally bred plants (if applied after July 2017) may become random mutagenesis or new GE patents that are not restricted to the technical processes.
This is somehow encouraging, however the traditional breeder still will not be able to use all conventionally bred varieties on the market for further breeding. So let us close the existing loopholes, before they get expanded again.
Cheers
Christoph