Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » European Patent Office gives green light to prohibit patents on plants and animals

    European Patent Office gives green light to prohibit patents on plants and animals

    npsnps14 May 2020Updated:4 July 2024
    — Filed under: Focus
    Share
    Facebook Twitter LinkedIn Pinterest Email
    — last modified 14 May 2020

    Patents on plants and animals derived from conventional breeding can be fully prohibited in Europe. This is the result of a verdict published today by the Enlarged Board of Appeal, the highest legal body of the European Patent Office (EPO).


    Advertisement


    The Board concluded that plants and animals obtained by ‘essentially biological processes’ are not patentable, with the exception of patent applications filed before July 2017.  This verdict is in line with the interpretation of European patent law as decided by the 38 member states of the EPO in 2017. No Patents on Seeds! welcomes the verdict but is also demanding further political decisions to close still existing loopholes. Access to biological diversity needed for further breeding must not be controlled, hampered or blocked by any patents.

    “For more than ten years we have been fighting against patents such as those on broccoli, tomatoes, peppers, melons and cereals. Therefore, we welcome this verdict in the name of the European public, gardeners, farmers and consumers. Knowledge of methods of breeding plants and animals continues to evolve as a common good from the activities of farmers and breeders over centuries, it is not invented by industry. In future, conventionally bred plants and animals have to be kept available for further breeding,” Martha Mertens says for Friends of the Earth Germany.

    “We hope the new verdict will help to put an end to a decade of complete legal absurdity and chaotic decision-making at the EPO. However, there is still a huge risk that big corporations, such as Bayer (previously Monsanto) will try to abuse patent law to take control of our daily food,” says Katherine Dolan for ARCHE NOAH. “The problem is not yet solved. Further political decisions still have to be taken to close the existing loopholes.”

    Indeed, there are still reasons for concern. As a recent report from No Patents on Seeds! shows, clear definitions are needed to distinguish patentable technical inventions from the random processes used in conventional breeding in order for existing prohibitions to be effective. Unless there are adequate definitions, ‘technical toppings’ such as those describing random mutations, can still be used to claim plants and animals as ‘inventions’. There are several examples showing how companies easily escape the current prohibitions, e.g. European patents on barley and beer, melons or lettuce.

    “Processes of genetic engineering are fundamentally different from those used in conventional breeding,” explains Christoph Then for No Patents on Seeds! “The differences need to be spelled out in clear rules and decision making at the EPO.”

    As patent research shows, hundreds of patents on conventional breeding are pending. Just recently around 100 new patent applications were identified, claiming basil, pepper, manioc and barley as well as cattle, sheep and pigs. If conventionally bred plants and animals are patented as ‘inventions’, they cannot be used for further breeding without the permission of the patent holder. However, access to biological diversity is crucial for breeding, as also shown in statements made by breeding companies and quoted in the No Patents on Seeds! report.

    No Patents on Seeds! will now extend its European network to encourage politicians to take further decisions before end of the year. The European coalition, comprising around a dozen civil society organisations, demands that, as long as final decisions are not taken, all respective pending patent applications are halted as decided by the President of the EPO in 2019.

    No Patents on Seeds!

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Packaging recycling - Image by Gerd Altmann from Pixabay

    PPWR Guidance: Remaining questions for retailers and wholesalers highlight the need for greater clarity

    Sponsor: EuroCommerce12 April 2026
    Entry exit system - Warsaw - Photo by MART PRODUCTION on Pexels

    EU’s Entry/Exit System fully operational at Schengen borders

    EU agenda - Image by Andreas Lischka from Pixabay

    EU Agenda: Week Ahead – 13-18 April 2026

    Euro coins and notes - Photo by Pixabay

    Eurozone Economic Calendar

    Trade in cars - Photo by Tom Fisk on Pexels

    EU trade deficit with China EUR 359.8 bn in 2025

    EFTA Surveillance Authority

    Legal Officer – Internal Market Affairs – Transport, EFTA Surveillance Authority, ESA

    LATEST EU NEWS
    Entry exit system - Warsaw - Photo by MART PRODUCTION on Pexels

    EU’s Entry/Exit System fully operational at Schengen borders

    12 April 2026
    Trade in cars - Photo by Tom Fisk on Pexels

    EU trade deficit with China EUR 359.8 bn in 2025

    10 April 2026
    Green jobs - Photo by Gustavo Fring on Pexels

    Green jobs in EU grow by 2.2 million over last decade

    8 April 2026
    Students in Lisbon - Photo by Vytautas Markunas on Pexels

    EU offers 40,000 ‘DiscoverEU’ free travel passes to young people

    8 April 2026
    BEAK UAV drone made by Origin Robotics - Photo by Gints Ivuskans © European Union 2025

    Brussels boosts support to Ukrainian deep tech innovators

    2 April 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?