Summary
According to statements made by the European Patent Office (EPO), industrial representatives and politicians, conventional plants cannot be patented. However, ongoing research conducted by No Patents on Seeds! has revealed the opposite to be the case. Our research shows a continuing and alarming trend towards the monopolization of naturally occurring gene variants. Standard gene sequencing methods enable the identification of genes crucial to plant breeding in existing plant populations – this includes traits for improved disease and stress resistance. The naturally occurring genes are however frequently being claimed as technical inventions, and the patent claims even extend the respective plants, regardless of whether they are in fact obtained from crossing and selection. Other methods used in this context include random mutagenesis and new genetic engineering (NGTs).
According to our research, around 40 international patent applications filed in 2025 explicitly target conventionally-bred food plants. Most claim naturally occurring gene variants as technical inventions, with a large majority targeting improved resistance to pathogens causing fungal or viral diseases.
A recently published report shows that current European Patent Office (EPO) practice is allowing these kinds of patent applications to be filed and subsequently granted. Recently granted patents claim, e.g. maize, lettuce, spinach and tomatoes - all of which were obtained through the use of patented gene variants and subsequent crossing.
Such developments can significantly hinder or block access to biodiversity that is essential for breeding disease-resistant or climate-change adapted varieties. It means that small and medium-sized breeding companies will be negatively impacted by costs and new dependencies, even if they do not intend to use any form of genetic engineering.
Besides less choice in agriculture and vegetable production, seed and food prices could also be affected. More importantly, it is also putting our food security at risk.
NGT applications are one of the factors driving an increasing number of seed patents. The European Parliament now has a chance to end the ongoing monopolization of seeds when they vote on the future of NGT regulation in June 2026. If the new regulation cannot solve these problems, it should be rejected.
