Biotechnology patents do not give claims on new transgenic plant varieties having patented gene
July , 2017, Last week the Administrative Council of the European Patent Office (EPO) voted for a change in the regulations of the European Patent Convention (EPC) which states that European patents shall not be granted in respect of plants or animals exclusively obtained by means of an essential biological process.
The EPO ruling gives clarity on product and further defines “the new variety” developed through breeding, which is an essential biological process. The decision that it is not a subject matter of patent is a very important milestone in interpretation of IPR laws.
“The NSAI congratulates the European Seed Association for leading this battle on behalf of the plant breeders and advocating for a solution to re-establish the balance between patents and plant breeders’ rights,” said Dr Kalyan Goswami, Executive Director, National Seed Association of India. “This decision allows breeders to continue their regular breeding work, based on crossing and selection without worrying about access to genetic diversity and traits produced both biotechnological and conventional breeding process.”