Sub: Applicability of patent rights on “Transgenic plant varieties” in the context of EPO decision on non-patentability

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tarakdhurjati
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Joined: Mon Sep 04, 2017 7:15 am

Sub: Applicability of patent rights on “Transgenic plant varieties” in the context of EPO decision on non-patentability

Post by tarakdhurjati » Tue Sep 05, 2017 1:55 am

Greetings. At the outset, we congratulate EPO for providing clarification on the legislator’s intent regarding exclusion of products of essential biological processes from patentability. We have come to understand EPO policy through the news on your website (https://www.epo.org/news-issues/issues/ ... tents.html) and through other sources in public domain.

With reference to the above landmark decision, it is requested to provide clarification on certain queries listed below, which will help us understand the EPO position vis-à-vis “ transgenic plant varieties” and also assess its impact in India and globally.

1)As per June 29th 2017 clarification which took effect on 1 July 2017, only plants made by technical methods are now patentable and plants which are products of essentially biological processes are not patentable. Does that mean “transgenic plant varieties” having a patented gene but developed utilizing breeder’s exemption with conventional breeding , are excluded from any patent rights?
In other words can a patent granted to a synthetic gene or a nucleotide sequence and a transgenic plant developed in lab and patented under EPO , provide for claims to inventor on all derivative varieties developed by breeders through conventional breeding.

2)Under the EU's plant variety system, breeders may use protected varieties for further breeding, and commercialize the resulting new varieties without a license from the owner of the earlier variety. Whether such varieties can also be transgenic plant varieties”?
3)The Farmer's Privilege provides that a farmer is free to sell the product of his fields, whether the seed he bought is patented or not. Whether such privilege is applicable for Transgenic plants which are protected by a patent under EPO?
4)The article mentions Unitary patent system being planned which will have limited breeders exemption and cooperation between Community Plant variety office and EPO
5)How will be the royalty paid to the developer in such cases of limited breeder’s exemption?
We shall be highly grateful to the EPO for providing clarifications to our queries.


EPO / Patent Information
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Joined: Wed Nov 12, 2014 3:36 pm

Applicability of patent rights on “Transgenic plant varieties” in the context of EPO decision on non-patentability

Post by EPO / Patent Information » Fri Sep 08, 2017 12:20 pm

Hello Tarakdhurjati,

Can you please send us your e-mail address via private message to Patent Information 2 so that the responsible department can answer your query?

This forum deals with our patent information search and retrieval products and services.
Kind regards,

The Patent Information User Support Team


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