Dear Francois

two interesting questions were raised by your comments, I try to answer in here.

(1) I double checked  WO2021110855. It is an interesting applications because in its language it very much focuses on gene modification.

however careful reading shows that such modified genes can also stem from native plants (wild relatives of the domesticated species). Page 6 of the patent application (at the end) says that the interesting genes were found in pimpinellifolium sp., page 12 says the genes can be introgressed (into lycopersicum sp.) by crossing and selection. Other methods are random mutagenesis and targeted engineering.

thus 'modified gene' seems to have a 'broad meaning' saying that the gene is different compared to the genes as found in the existing commercial varieties.

In the claims, use of 'marker genes' for the production is claimed which can be used to identify the relevant plants in all samples.

Thus in the end, for my understanding, the patent can include the native gene variants, despite its language.

(2) I also checked the question if (In general) the source of the genes are only wild populations or also plant varieties: I think you are right that in many cases, wild populations are a relevant source. However, when I read the description of the patent granted on drought resistance tomatoes (as quoted in the report, EP 2440664), it seems the genes of interest can also be found in currently or previously cultivated varieties. I also found similar language in EP 2219433 which says the relevant plants were found in a hybrid population. In addition, if a Chinese company claims genes from wild relative species of soybeans (which are originating from Asia-Pacific region), it seems this will not always be considered as biopiracy by all experts.

So within THIS report I would keep it simple and just try to get the message across that no clear distinction is made concerning the origin of the genes and the method used to generate the plants. However, it might be interesting to assess the examples we found (I have more patent applications on genes) in regard to biopiracy in an other backgrounder. We should be aware that this issue would request more time and expertise which is available for this report. But I guess, coming from this report and the research, there are several interesting questions for future work.

We will include the issue of biopiracy into the report and also can say that in many cases this seems to be a relevant issue.

I hope this helps to clarify -thanks for the questions!

Christoph

Am 17.05.22 um 17:55 schrieb francois.meienberg@prospecierara.ch:

Dear Christoph

Thanks for your work.

Here few comments:

• I added a sentence in the paragraph on biopiracy in the summary (see attachment - highligthed in green)

• I suggest to add two words on page 24 last line:

.... the EPC if there is a majority vote to introduce stronger wording for the exclusion of CONVENTIONALLY BRED plants and animals from patents.

• please check again WO2021110855. I am not sure if this patent is not about modified genes. (Maybe I am wrong - but It would be bad if we pretend that the examples are about naturally occuring genes, if this is not the case ...)

• I think it is wrong to use the information from Kock I forwarded you - withtout mentioning the source (even if you double-checked in Pinto).

-> I will be absent starting Thursday noon until Monday evening. (and the whole Tuesday I am in a meeting. If I should do the translation of the Biopiracy chapter - I need the final version at latest by Wednesday evening, if not I could only do it Wednesday next week.

Take care and best wishes

François

-----Ursprüngliche Nachricht----- Von: Npos_2018npos_2018-bounces@testbiotech.de Im Auftrag von Christoph Then Gesendet: Montag, 16. Mai 2022 17:41 An:npos_2018@testbiotech.de Betreff: [Npos_2018] ! new report / deadline/ please comment till end of the week

Dear all

I attach the latest versions once more (no changes compared to last week)

we would like receive your latest comments till end of this week.

In addition there will be a short chapter on biopiracy which will be sent in separate.

thanks

Christoph

---

Npos_2018 mailing list Npos_2018@testbiotech.de https://lists.testbiotech.de/cgi-bin/mailman/listinfo/npos_2018