The Tomato Brown Rugose Fruit Virus (ToBRFV or TBRFV) was first described in 2015 in Jordan and Israel, and has been spreading rapidly ever since. It mostly affects tomato and pepper plants and takes its name from the wrinkly spots (rugose) that appear on fruits. In many cases, the relevant genetic variations that confer resistance were detected in wild relatives of domesticated tomatoes (such as S. pimpinellifolium, originating from Peru/Chile). Existing varieties are also reported to provide those specific genetic resources.
Two patents on conventional breeding of tomatoes with resistance (tolerance) to ToBRFV were granted in 2024:
- The patent EP 3735125 of Rijk Zwaan claims breeding processes that involve the usage of natural occurring gene variants (from S. pimpinellifolium) for the selection of the plants.
- The patent EP 3735125 of Vilmorin claims exclusive rights on tomato plants with tolerance / resistance to ToBRFV. The plants were detected by growing conventionally bred plant varieties (breeding lines) in the region where the virus is prevalent. The respective plants were crossed and selected and propagated by selfing. In addition, methods for detection and growing these plants are claimed as invention. The patent also mentions the possibility to obtain the plants by genetic engineering processes, which are, however, not needed. The opposition deadline against this patent is 28 May 2025.
In result, the patents as granted by the EPO comprise the future usage of naturally occurring gene variants (as well as the plants inheriting these).
Around the genetic resources needed to breed plants with resistance to ToBRFV, a patent thicket has built up: the first patent applications were filed in 2017. Meanwhile, more than 20 international patent applications filed by ten different companies, e. g. BASF, Bayer, Rijk Zwaan and Syngenta, have been published. The patent applications cover dozens of gene variants. In several cases, the claims of the different companies seem to overlap in some of the targeted genetic regions.
Tomato patents in the No patents on seeds! report (2024, p.13)
