The big breweries Carlsberg and Heineken jointly filed for patents on barley used for the production of beer and other beverages. The patents, EP2384110 and EP2373154, were granted by the European Patent Office (EPO) in 2016. They cover barley plants derived from conventional breeding, their usage in brewing as well as the beer brewed thereof. The patents in question are based on random mutations in the genome of the barley. Kernels were brought into contact with chemicals and in reaction showed an increase in their genetic variability. Thereafter, specific mutations, already known to be useful, were selected by standard procedures. The kernels are supposedly more suitable for brewing beer that, it is hoped, will keep its fresh taste over longer period of time. Furthermore, the EPO granted a third patent (EP2575433) that covers a combination of the characteristics of the barley plants achieved by further crossings. Each of the three patents covers the plants, the harvest, the process for brewing, malt and wort and all drinks produced by this method.
Therefore, in 2017, NO PATENTS ON SEEDS!, together with around 40 other organizations, filed oppositions against these patents. Public hearings have been held on October 2nd and 8th 2018. NO PATENTS AND SEEDS! also held an event for everyone interested to join and show their support in front of the European Patent Organiastion (EPO) in Munich.
As a result, the patents were restricted and reduced to certain plants with specific mutations concerning the flavour of the beer. NO PATENTS ON SEEDS! appreciates the decision as an important step in the right direction. However, other problems, questions and patents remain open and need to be tackled.
Press releases and media coverage can be found below.
Photos of the event can be found under Activities.
More information about the barley patents can be found in the factsheet.
18 October 2018, Ingeniøren, Carlsberg og Heineken får indskrænket patenter på muteret byg
5 October 2018, IPPro Patents, EPO reduces scope of ‘unlawful’ beer patent following hearing
4 October 2018, The Times, Breweries in a ferment over barley patent
Reports in German can be found on the German version of this site.
Press release (2 October): Scope of patent on beer reduced after opposition
Press release (8 October): Who invented beer and barley
title photo: (c) Johannes Hloch