dear all,
Thanks to all of you for quick reactions yesterday and to Johanna to send everything out in time!
So what are the next steps?
there is one goal and one major strategy and a limited time frame:
We have to move the political decision makers to exclude all breeding
methods and products used within conventional breeding
the strategy can be changes in national patent laws or decisions via
the Admin Council. Or both.
if we miss the momentum of the meeting of the AC in June, we might
loose the most relevant opportunity.
What does that mean for our work?
1. we need a wording to show how the problem can be solved; this should brought forward to all relevant political decision makers asap. 2. we need a strong justification to show the issue is urgent 3. We have to identify some allies for this decisive period (Plantum?)
Next steps:
We draft a letter to the AC with possible solutions to be sent next week.
Then we approach selected governments.
In parallel we work on a new factsheet: we again will show the problem with rule 28 (2) and the interpretation by the EPO. I will try to work with Ruth. I think we will need a factsheet with some cases from examination processes. Interesting (!): We might have lost the Carlsberg case by the decision of the EBoA - the patent application was filed before July 2017. I guess the same problem arises for severed broccoli and the lettuce and the pepper.
The text for solutions: we have to make a proposal in writing how a text may look like that can be adapted by the AC or national laws.
How about a phrases like that (I try to avoid the word 'conventional breeding' which may take us some time to define):
"For the interpretation of rule 28 (2), the AC shall adopt the following:
* Spontaneous, random, non targeted processes such as physico-chemical mutagenesis cannot escape rule 28 (2). Only targeted interventions such as transgenesis and genome editing may give rise to patentable inventions. * All products used in or emanating from ‘essentially biological processes’ are captured by rule 28 (2), including all breeding material plant/animal parts, cells and genetic information. * Patents on products derived from technical process in breeding do not extent plant or animals that fall under rule 28(2)."
please let me know your comments.
cheers
Christoph