Dear all,

Our German colleagues may be already aware, but I just saw that the association of German plant breeders issued a new position on plant patents on Friday: https://www.bdp-online.de/de/Branche/Patentschutz/BDP_Position_Patentschutz.pdf

The paper is only available in German, but I (deepl) have translated the three political demands here:

1) The patentability of biological material which also occurs or could arise in nature must not be possible, irrespective of how it was produced.

2)  The possibility of using patented material for breeding purposes, as provided for, for example, in German and French patent law, must be introduced throughout Europe.

3) The consistent implementation of the existing legal situation, namely:

a) The decision of the Enlarged Board of Appeal of the European Patent Office (GBK) G3/19, according to which breeding methods based on cross-breeding and selection (essentially biological processes) and biological material produced in this way, may not be patented, must be implemented consistently.

b) Rule 28, paragraph 2, EPC AO, according to which patent protection for technical inventions may not extend to biological material produced by an "essentially biological process" must be implemented consistently.

It seems like they go beyond our demands and call for the products of the new GE methods to be excluded from patenting. But the fact they are also now calling for a change in the law (“Dies muss rechtsverbindlich sichergestellt werden.”) could be useful for us. Perhaps we can add this to the agenda for tomorrow’s call? I will not be able to join, but Dagmar will attend for us.

Best,

Katherine

Katherine Dolan
Leitung Team Saatgutpolitik / Head of Seed Policy 

ARCHE NOAH
Gesellschaft für die Erhaltung der Kulturpflanzenvielfalt und ihre Entwicklung / Association for the Conservation and Development of Cultivated Plant Diversity
Obere Straße 40, 3553 Schiltern, Austria
+43 (0)676 557 4408

katherine.dolan@arche-noah.at
www.arche-noah.at