Europe Continues To Allow Vegetable Patent Despite Being Told To Stop

from the patently-crazy dept

Two years ago, we wrote about how the European Patent Organization had granted a patent on broccoli. The patent was originally on the breeding method, but then it was ruled that the breeding methods were not covered by the patents, leaving just the basic broccoli as patented. Both the European Parliament and the German Parliament have said that the EPO should stop granting vegetable patents, but apparently it hasn’t stopped. It’s now issued a patent on a kind of pepper. While the new peppers are supposedly “resistant to insects,” people are pointing out that it was derived from conventional breeding — and that’s what was rejected in the broccoli case. What’s amazing, by the way, is that this pepper patent appears to have gone to Syngenta, which I believe was one of the companies that fought against the broccoli patent.

As for the European Patent Organization, it says that it’s still waiting to hear about the final decision on the broccoli patent (and a tomato one) from the Enlarged Board of Appeal (I don’t want to know…), and that while it finds the European Parliament’s request to stop issuing such patents interesting, the European Parliament has no mandate over the European Patent Organization, so they don’t really care that much. In the meantime, careful what you eat in your salad.

Filed Under: , , , , , ,
Companies: syngenta

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Europe Continues To Allow Vegetable Patent Despite Being Told To Stop”

Subscribe: RSS Leave a comment
Anonymous Coward says:

“As for the European Patent Organization, it says that it’s still waiting to hear about the final decision on the broccoli patent (and a tomato one) from the Enlarged Board of Appeal…”

I don’t see how the Tomato patent would be relevant for the discussion, given that Tomato is a fruit.

I think that it is clear what is happening: The Enlarged Board was brainwashed by some anti-ip terrorist group – most likely the EFF – into believing that patents are evil.

But they wont succeed. We won’t rest until these terrorists stop making illegal copies of vegetables and destroying the means of putting food on the table for vegetable researchers worldwide.

For the sake of humanity, we will make sure that nobody will be able to grow food in their back yards ever again.

Anonymous Coward says:

Re: Re:

Virtually the patent is pretty stupid now. The tomato hearing is on 8. of november 2013. Hopefully that case goes through. On the other hand: Anything touching EPO is extremely corrupted by “legal above all” arguments. It is an illness with law-professionals where they get lost in the details of how to interpred the law to understand that they are in direct contradiction of the law and/or the spirit of the law. The EP has tried to get EPO back on track in several ways, but logic is not a sufficient strategy. I think Average_Joe from this site has caught the same illness.

Anonymous Coward says:

this bunch are only following in the footsteps of the US allowing Monsanto to dictate what farmers can and cant grow, where they can get the seeds, what they can do with the seeds and god knows what else. i dont think the USA is going to be content until there isn’t a single solitary thing that isn’t patented, including the patent on patenting! fucking ridiculous, but about par for the mentality of those concerned

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...