Bonum Certa Men Certa

The Tide Has Turned Against Patents on Life in Europe

Flora and fauna aren't inventions

Sad hyena



Summary: "No Patents on Seeds" continues to challenge the utterly bizarre notion that plants, animals and even seeds or embryos are human inventions; thinly-veiled propaganda sites of law firms that profit from such lunacy try to discredit "No Patents on Seeds"

HAVING just commented on software patents being granted by and promoted by the European Patent Office (EPO), let's examine where they stand on another outrageous kind (or family) of patents. Soon after 'Teffgate' the subject is resurfacing again, thanks to "No Patents on Seeds".



"EPO lettuce patent hit by opposition from pressure group," IPPro Magazine wrote some days ago (we mentioned it on Wednesday). "Pressure group No Patents on Seeds has filed an opposition against a European patent on lettuce claiming it is derived from convention breeding," they said in the opening sentence, repeating the term “pressure group” to describe "No Patents on Seeds" as if it's some notorious lobbyist that bullies or bribes officials. Why the negative connotation? Doesn’t the pressure come from thugs of Monsanto/Bayer and their lawyers who claim they own life and intimidate if not bankrupt small farmers around the world?

Life Sciences Intellectual Property Review, a propaganda (or "pressure") site for patents on life, has also just commented on it, dubbing "No Patents on Seeds" an "Activist group" in the headline (first two words) and same in the article. "Activist" is a label once explained by Jacob Appelbaum (Wikileaks) as derogatory; media like The Guardian, he argued, uses the word "activist" to insinuate one lacks legitimacy of a journalist, scientist, historian etc. From the article in question:

Activist group No Patents on Seeds has filed an opposition against a patent on lettuce, owned by Dutch food supplier Rijk Zwaan Zaadteelt.

Announced yesterday, March 6, the activist group has opposed EP 2,966,992 B1, a patent covering lettuce seeds, plants and the harvest of lettuces that grow in a hotter climate.

According to No Patents to Seeds, the trait is supposed to be helpful in adaption to ongoing climate change and the seeds are derived from conventional breedings without any involvement of genetic engineering.


Earlier this week an article by Michael Dow (Madderns Patent & Trade Mark Attorneys) was published under the headline "Are plants patentable in Europe?"

The fact that questions like these are even being asked is significant as it highlights a low level of quality assurance at the EPO. To quote:

The rules keep changing over whether plants or plant products obtained by means of an essentially biological process are patentable in Europe.

Under Article 53(b) EPC (and Article 4 Biotech Directive), European patents shall not be granted in respect of plant varieties or essentially biological processes for the production of plants. Originally, this was interpreted to extend to plants and plant products obtained by means of an essentially biological process.

This was challenged in Broccoli/Tomatoes I ( G 0002/07 & G 0001/08) and Broccoli/Tomatoes II ( G 0002/12 & G 0002/13), following which, it was allowable to have a product claim directed to plants or plant material such as a fruit, even though the plant or plant material might be obtained by an essentially biological process, which is not patentable.

The European Commission considered the issue ( 2016/C 411/03) and took the view that the EU legislator’s intention when adopting the Biotech Directive was to exclude from patentability products (plants and plant parts) that are obtained by means of essentially biological processes.

The Administrative Council of the EPO then introduced Rule 28(2) to modify Article 53(b) EPC. Rule 28(2) states that European patents shall not be granted in respect of plants exclusively obtained by means of an essentially biological process.


So the European Commission does not seem to matter to the EPO, whose terrified-by-the-office judges were willing to reopen the floodgates to these dubious patents.

As we said several times last year, such patents do not contribute to innovation and they only serve to discredit the Office and provoke the public (which occasionally protests in front of the Office).

Recent Techrights' Posts

Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
 
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025