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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