Dear Christoph,
Thanks a lot for your work on this! I also just read your summary and the claims and agree it's really interesting. So if you have last-minute resources, I think it would be great to file an opposition. Drought tolerance gains a lot of interest with journalist, just talked in an interview about the salad patent last week.
On a more general note on your info ",in 2021, we have more than a dozen patents granted which are somehow relevant": I think it would be great to communicate the number, including if we don't have resources to oppose them all. In Austria, the patent lawyers chamber claims that there is no problem, because problematic cases are brought to court and won anyway. That’s not true of course, neither on random mutagenesis, nor capacity wise, so I think it's a good story.
Best, Dagmar
-----Ursprüngliche Nachricht----- Von: Npos_2018 [mailto:npos_2018-bounces@testbiotech.de] Im Auftrag von francois.meienberg@prospecierara.ch Gesendet: Donnerstag, 20. Jänner 2022 09:05 An: 'Christoph Then' info@no-patents-on-seeds.org; npos_2018@testbiotech.de Betreff: Re: [Npos_2018] ! any opinion if we should file opposition quickly (till tomorrow) / announcement of media work with brewers
Dear Christoph Just reading your short summary and the claims - it seems a very interesting case. François
-----Ursprüngliche Nachricht----- Von: Npos_2018 npos_2018-bounces@testbiotech.de Im Auftrag von Christoph Then Gesendet: Donnerstag, 20. Januar 2022 08:43 An: npos_2018@testbiotech.de Betreff: [Npos_2018] ! any opinion if we should file opposition quickly (till tomorrow) / announcement of media work with brewers
Dear folks
I am just about to go through the granted patents from 2021. Several interesting case, also (potentially) for filing further oppositions.
I just found out that one patent of Nunhems on tomatoes (there are several patents from Nunhems / BASF) would require to file opposition till 24 January. We could do so (and also add further documents later).
It is interesting, but I am not sure if this is one of the best cases. it looks like, in 2021, we have more than a dozen patents granted which are somehow relevant. I guess we will not oppose them all. Maybe we could.
this one is about drought tolerance:
Nunhems first exposed plants to drought and measured gene expression.
thereby they identified relevant genes
they produces transgenic plants to show these genes are relevant for drought tolerance
then they did random mutations, followed by tilling (selection) to identify non-transgenic plants which are carrying the relevant gene.
To my opinion, the step with transgenic plants is not needed to derive to the non-transgenic plants, thus technically it is added, non-relevant matter.
in the claims, they claim both the transgenic plants and non-transgenic plants.
in the consequence, the patent will hamper other breeders from using a relevant genetic information.It looks like, this genetic information was there before (as a starting point) because it was identified by exposing existing varieties to drought stress to identify the relevant genes (I have to double check, but this would run the case highly interesting).
please see attached. Let me know your comments. In case I can file a short opposition on Monday.
sorry for late notice. I will try to give an overview on the other cases asap, but these cases will not be as close to the deadline.
In terms of media releases: We also expect the platform from the brewers (in Germany, Austria and Luxembourg) to come up next week, followed by media work in the week after.
cheers
Christoph
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