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European IP Bulletin, Issue 4, August/September -
Patents
Patents
13. Soya Patent Restricted By The EPO
The Opposition Division of the EPO has decided to limit the scope of the so called “Soya” patent, bearing number EP 301 749 B1, after conducting a public hearing in the opposition proceedings.
The patent already exists in United States of America, Canada, Australia and twelve states of Europe. The opponents against the patent were companies Syngenta Participations and Pioneer Hi-Bred, the environmental protection agency, Rural Advancement Foundation International and another.
Agracetus filed the patent application in July 1988, which after its substantive examination, was granted by the EPO in March 1994. In 1996 Monsanto acquired Agracetus and the patent was transferred to Monsanto.
The contested patent describes a method of genetically engineering plants, in particular soyabean plants but also its seeds and tissues. Additional genetic information is introduced by means of particle mediation into cells that grow into modified soyabean plants, which transmit these new characteristics in a stable manner to their progeny. The patentee claimed novelty in deliberate transformation of soyabean and other useful plants through genetic engineering.
The Opposition Division has, though yet to publish the reasoned decision, held that the granted patent lacks the requirement for sufficient disclosure under Art. 83 of the European Patent Convention and thus has limited the patent only to soyabean plants, and not generally to any kind of plant. Monsanto has an option to appeal the decision before the EPO's Technical Board of Appeal.
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