According to European law, patents can only be granted on genetic engineering in plant breeding. Despite this, major seed companies have exploited legal loopholes and already obtained 200 patents on traditional breeding. Breeders need access to genetic material to address challenges such as pests, diseases and climate change. The current European patent system hinders their work, leading many to avoid certain traits in fear of violating large companies’ patents and risking patent infringements.
For years, multinational corporations in the agrochemical sector such as BASF, Bayer, Corteva, and Syngenta have been seeking patents for specific plant traits, including disease resistance or adaptation to hot climate conditions. In February 2014, the European Patent Office (EPO) granted Monsanto (now Bayer) a patent on the screening and selection of soybeans. According to the patent, more than 250 plants of “exotic” species were examined for their adaptation to different climatic conditions and the ripening time needed. Around 20 wild and cultivated species related to the soybean and found in Asia and Australia are affected. This grants Monsanto a monopoly on numerous natural gene variants, giving it immense power.
NO PATENTS ON SEEDS! filed an opposition based on Article 53b of the European Patent Convention (EPC), which prohibits the patenting of processes for crossing or selecting plants for the purpose of conventional breeding. The EPO rejected the opposition on the grounds that it is indeed forbidden to grant patents on conventional breeding, but it is permitted to grant patents on the selection of plants and animals for breeding. However, the selection of plants and animals is inextricably linked to breeding. Therefore, the EPO’s interpretation is unacceptable. NO PATENTS ON SEEDS! filed a complaint in 2017 – the next hearing is scheduled 7 (!) years later for October 2024, generating years of legal uncertainty. Immediate action is needed to close legal loopholes, to stop the EPO from granting these patents and to prevent exclusive control of animal and plant breeding by major corporations.
Patents, such as those granted on soybeans, endanger the diversity of plant breeding and present potential threats to long-term food security in Europe. It is crucial for the 39 member states of the EPO and the EU to intervene politically to ensure the accurate interpretation and enforcement of European patent laws in order to safeguard our agricultural heritage and to secure a sustainable future for generations to come.
Author: Johanna Eckhardt, No Patents on Seeds! project coordinator.
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