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THE LETTUCE CASE 1 (Rijk Zwaan)

EP 921720 B2 - Aphid resistance in composites

 

EP 921720 B2 20040114 WO 97/046080

Title: Aphid resistance in composites

Proprietor: Rijk Zwaan Zaadteelt an Zaadhandel B.V. (NL)

Oppositions: Gautier, SVS, Burgers, Syngenta, Neubert (all withdrawn)

Status: patent granted; no appeal

Claims: Plants of Compositae which are resistant to an aphid and don't show CRA phenotype; method of breeding; plants, progeny. No GE. 

 

This patent comprises lettuces which are resistant to certain pests (leaf louses); it has not been genetically engineered (MAB ?) It was granted to Dutch company Rijk Zwaan in 2004 but was opposed by a number of seed companies: Gautier Semence, SVS Holland, Burgers, Syngenta, and Dr Neubert. The opponents argued that the patents should be revoked due to lack of novelty and because of Art.53(b) EPC, which does not allow for varieties to be patented.

However, the EPO's Opposition Devision (First Instance) upheld the patent in slightly ammended form (see B2) and curiously enough, when patent EP 1069819 (The Broccoli Case) was referred to the Enlarged Board of Appeal all oppositions were withdrawn (i.e. none of the opponants filed an appeal).


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WO...  numbers are world patent applications, at WIPO

EP... numbers are European Patents 

EP...A. numbers are European patent applications 

EP....B1 numbers are European Patents as granted

EP....B2 numbers are patents as granted after the closure of a dispute

Within the juridical structure of the EPO:

Opposition is the First Instance

Appeal is the Second Instance

Enlarged Board of Appeal is the highest court within the EPO, which has the final say.