"Broccoli" patent hearing cancelled

Taking into account the ruling of the Enlarged Board of Appeal of the EPO that methods for the production of plants which comprise conventional breeding steps as well as technical ones are not patentable under the applicable European patent law, the patentee has proposed to limit its original patent by excluding the breeding methods. Thus, only the broccoli plants as such remain protected.

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French company Limagrain and Swiss group Syngenta filed notices of opposition to the patent in 2003 and maintained their challenge in subsequent appeals. They allege, among other things, that the patent protects an essentially biological method of breeding plants excluded from patentability under the European Patent Convention (EPC) binding on the EPO. The technical board of appeal hearing the two appeals stayed the proceedings and referred questions to the Enlarged Board of Appeal (EBA) with a view to obtaining clarification of the term "essentially biological processes for the production of plants (or animals)" and the associated exception to patentability.

'Broccoli' patent found here, same issue with the 'Tomato' patent.