Preserve the patent-free zone for traditional plant breeding in Europe!

Patents granted by the European Patent Office are putting political pressure on policymakers.

In October, No Patents on Seeds! published a report on recently granted or filed European patents on conventional plant breeding. One example is a patent (EP3911147) on breeding a natural trait in tomatoes, based solely on crossing and selection. Against this background, No Patents on Seeds! today presents a new proposal to clarify patent law and prevent such patents in the future.

"These patents endanger food production and plant breeding because they block or hinder access to biological resources. Since they are not based on genuine technical inventions, we consider them a serious misuse of patent law aimed at appropriating nature," says Dagmar Urban from ARCHE NOAH.

Patent EP3911147 was granted in July 2025 to the Dutch company Enza Zaden. The patent claims a naturally occurring genetic trait found in wild tomatoes that confers resistance to a virus. This patent is also relevant to discussions about plants derived from new genomic techniques (NGT): natural traits or genetic predispositions could also be patented when NGT methods are used. Even though using such genes would only mean imitating what already exists in nature, the European Patent Office might still classify this as “inventive”.

To prevent such patents in the future, No Patents on Seeds! has developed a proposal in consultation with experts, requiring only minor adjustments to existing legal frameworks. The proposal aligns with current patent law and merely affects its interpretation.

"Our proposal follows the logic and intent of EU patent law to define specific criteria for technical inventions that can be patented. At the same time, all other breeding methods would remain non-patentable, as originally intended by lawmakers," says Christoph Then on behalf of No Patents on Seeds!. "We expect the EU to now find viable solutions to secure the future of plant breeding in Europe."

As the report outlines, the proposal could help solve several problems, such as ensuring access to biological material essential for all breeding companies. The proposal addresses the root of the issue and does not merely aim to mitigate the negative effects of seed patents. Consequently, even already granted patents on conventional breeding or natural traits could become unenforceable in European courts.

Contacts:

Dagmar Urban, Seed Policy Advisor, ARCHE NOAH, dagmar.urban(at)arche-noah.at, +43 676 9318180
Christoph Then, Spokesperson for No Patents on Seeds!, info(at)no-patents-on-seeds.org, +49 151 54638040
Johanna Eckhardt, Project Coordinator for No Patents on Seeds!, johanna.eckhardt(at)no-patents-on-seeds.org, +43 680 2126343