Seed patent granted on a natural trait – what the EU should do now
16 October from 15-16h CEST.
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Find the recording of the workshop here (Zoom).
Please note:
- We only made available the presentations of the speakers, not the Q&A part.
- In the first presentation (C.Then) the slides are not fully visible. We will upload a corrected version soon. But you can find the slides here.
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The background: In the workshop, No Patents on Seeds! will present a report about European patents on classical plant breeding, recently applied or granted. One example is a patent on breeding of a native trait in tomatoes, just based on crossing and selection. The patent (EP3911147) was filed in 2019 and granted in July 2025 to the company Enza Zaden. The patent is a precedent case that shows how the European Patent Office (EPO) is circumventing the current European rules and laws: The European Patent Convention (EPC) prohibits patents on plants derived from crossing and selection since 2017.
The patent is also highly relevant for the discussion about plants obtained from new genomic techniques (NGTs): The patent as granted is just based on crossing and selection as used in traditional breeding. But the gene could also be used and patented for NGT applications. Although using the naturally occurring gene would mean to imitate what is already found in nature, the EPO still would declare it as ‘inventive’ if NGTs are applied.
Against this backdrop, the report not only gives an overview of current developments in seed patents but also presents a new solution to solve some of the most pressing problems with seed monopolies: After exchange with experts No Patents on Seeds! developed a proposal that only would need some minor changes to be added to the current legal provisions.
Speakers:
- Johanna Eckhardt, No Patents on Seeds! (AT) – framing the issue - (no presentation)
- Dr. Christoph Then, No Patents on Seeds! (DE) – details on the new patent on tomatoes and introduction of a new proposal how to prevent similar patents to be granted in future - Find the presentation here
- Dagmar Urban, ARCHE NOAH (AT) – proposals for political solutions - Find the presentation here
- Dr. Steffen Kawelke, German Plant Breeders' Association (Bundesverband Deutscher Pflanzenzüchter e. V. / BDP) (DE) – breeder’s perspective - Find the presentation here
- Frans Carree, De Bolster (NL) – breeder’s perspective on current EPO practice - Find the presentation here
- Prof. Dr. Christine Godt, University of Oldenburg (DE) – legal implications of current patent practices and possible solutions - Find the presentation here
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More info about the recently granted patent:
- Press release 29.9.25: European Patent Office: Scandalous patent granted on tomatoes
More details in our latest report: English version - German version
