• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
+49 (0) 69 / 606 278 – 0
[email protected]
Contact form
Patent- & Rechtsanwaltskanzlei

Patent- & Rechtsanwaltskanzlei

  • Deutsch

+49 (0) 69 / 606 278 – 0

  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • xing
  • Email
MENUMENU
  • Services
    • Advice On Protective IP Rights
    • Patent Application /TM Registration
    • Enforcement Of IP Rights
    • Defence Against IP Rights Enforcement
    • Costs
  • Company
    • Fields of Law
      • Patent Law
      • Utility Model Law
      • Employees‘ Inventions
      • Trademark Law
      • Design Law
      • Trademark and Product Piracy
      • Expert Opinions
    • Our Law Firm
      • Dr. Karl-Hermann Meyer-Dulheuer
      • Dr. Tim Meyer-Dulheuer
      • Dr. Klaus Zimmermann
      • Zhichao Ying
      • Dr. Christoph Hölscher
    • Commitment
  • Contact
    • Where To Find Us
    • Write us!
    • Request call back
  • Blog

Biopatent on malting barley: appeal dismissed

10. June 2021

The European Patent Office (EPO) has rejected an appeal against a patent on malting barley by the beer companies Heineken and Carlsberg. The core issue is that a bio-patent is allowed on mutations, but not on classical breeding.

Patent auf Braugerste

Biopatents are always at the centre of socio-political debates – prominent examples are the biopatent on great apes or the biopatent on broccoli and pepper. Critics fear a displacement of classical breeding and the farmers, breeders or beer producers concerned. But even more so, consumers fear an unwelcome change in food.

Malting barley also falls into this category, and a patent on malting barley was at issue this week in a hearing before the Board of Appeal of the European Patent Office (EPO).

Appeal against patent on malting barley

The patent “Beverages made from barley and malt with a low dimethyl sulphide content” (EP2373154) of the Heineken and Carlsberg corporations was under scrutiny, as a complaint against this patent had been filed by environmental protection associations under the leadership of the alliance “No Patents on Seeds”. According to them, in this patent a genetic accidental adaptation is considered an invention, although the mutation occurred by chance and barley originates from conventional, conventional breeding. In this respect, it is feared that the entire biodiversity of crops will be affected if patent protection pushes back classical and conventional breeding.

In fact, according to the patent description, the invention relates to barley plants or parts thereof that carry a mutation in the gene coding for MMT that causes a complete loss of MMT activity (so-called “nullMMT” barley). The invention enables production processes of beverages with improved taste profiles, and also promises for a significant reduction of thermal energy input in the production of beer, the patent description explains.

But what is the legal situation, can mutations be placed under patent protection?

Malting barley mutations under patent protection?

Relevant here – since this is a European patent – is Article 53(b) EPC. According to this, no patent protection is possible for plant varieties or animal breeds or essentially biological processes for breeding plants or animals. But microbiological processes and the products obtained by means of these processes are patentable under Article 53(b) EPC. This is intended precisely to protect biological diversity, while allowing patent protection for technical progress.

In practice, however, biotechnological and genetic engineering interventions in the field of plants and microorganisms have become commonplace; think of optimised seeds, adaptations to climate changes and against pests, and simply the increased performance of plants and animals for the world’s food supply.

This is where Article 53(b) EPC becomes complicated and leads to the fact, criticised by critics, that patent protection pushes back traditional breeding and diversity. This is because every crossing step is an obstacle to patentability. However, technical steps before or after the crossing and selection process are patentable. Therefore, it is mainly technical selection procedures or product-by-process claims that obtain patent protection. Transgenic plants or animals and technically induced mutations are also patentable. Mutagenesis explicitly belongs to genetic engineering, the highest European court (ECJ) also ruled in July 2018.

The Board of Appeal rejected the appeal against the patent on malting barley by Heineken and Carlsberg. Once again, the EPO thus confirms the patentability of plants with certain mutations that can influence the formation of flavours.

Are you looking for patent protection in the field of seeds, bioprocesses or chemical processes?

Our attorneys have many years of expertise in patent law as well as in the entire field of intellectual property and are authorised to represent you before any office or court – in Germany and also internationally.
Please do not hesitate to contact us if you are interested.


 

Sources: 

Appeal against biopatent on barley

Source:

NickyPe | pixabay | CCO License

 

  • share  
  • share 
  • share 
  • tweet 
  • share 

Category iconHealthcare & Lifesciences,  Patent Law Tag iconMutagenesis,  barley,  Mutation,  Biopatent,  patent on life,  Malting Barley,  Seed,  Board of Appeal,  Patent on Mutation,  EPO,  EU Regulation 2017,  European Patent,  Broccoli,  EU regulation,  consumer

Reader Interactions

Leave a Reply Cancel reply

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

Primary Sidebar

More articles about: Healthcare & Lifesciences

All articles

Blog Menu

  • Design Law
  • Healthcare & Lifesciences
  • International Intellectual Property
  • Licenses
  • News from our law firm
  • Overall
  • Patent Law
  • Product- and Trademark piracy
  • Trademark Law

Recent Posts

  • BPatG: Patent claim of cancer drug on active substance as salt 7. March 2022
  • Grant for European IP Protection: SME Fund 2022 4. March 2022
  • CODE-X vs. Cody’s: Likelihood of confusion in drinks? 25. February 2022
  • EOS lip balm no 3D trademark – appeal before ECJ not admissible 24. February 2022

Fields of Law

  • Patent Law
  • Utility Model Law
  • Employees’ Inventions
  • Trademark Law
  • Design Law
  • Trademark and Product Piracy
  • Expert Opinions
  • Costs

Das könnte Sie auch interessieren:

7. March 2022
BPatG: Patent claim of cancer drug on active substance as salt

BPatG: Patent claim of cancer drug on active substance as salt

4. March 2022
Grant for European IP Protection: SME Fund 2022

Grant for European IP Protection: SME Fund 2022

22. February 2022
PAP is in force: UPC possible in 2022

PAP is in force: UPC possible in 2022

8. February 2022
Germany: Value in dispute and costs in proceedings

Germany: Value in dispute and costs in proceedings

3. February 2022
PCT application – does the principle of joint applicants apply?

PCT application – does the principle of joint applicants apply?

1. February 2022
Proof of patent infringement by whistleblower

Proof of patent infringement by whistleblower

Contact us or request a call back

+49 (0) 69 / 606 278 – 0
[email protected]
Request a call back

Footer

Contact

Torhaus Westhafen
Speicherstrasse 59
D – 60327 Frankfurt am Main
Deutschland
+49 (0) 69 / 606 278 – 0
+49 (0) 69 / 606 278 – 199
[email protected]

Office Hours
Moday – Friday:   08:00-18:00

Fields of Law

  • Patent Law
  • Utility Model Law
  • Employees’ Inventions
  • Trademark Law
  • Design Law
  • Trademark and Product Piracy
  • Expert Opinions
  • Costs

Law Firm

  • Request non-binding call back
  • Company
  • Our Law Firm
  • ISO Certificate
  • Privacy Policy
  • Data handling for clients
  • Imprint

Follow Us

  • Facebook
  • Twitter
  • LinkedIn
  • xing
  • Email

Newsletter Signup

© Patent- & Rechtsanwaltskanzlei Meyer-Dulheuer MD Legal Patentanwälte PartG mbB

Contact Form

 

Give us a call, send us an email or fill out the contact form.

+49 (0) 69 / 606 278 – 0
[email protected]

Kontaktformular

 

Rufen Sie uns an, schicken Sie uns eine Mail oder füllen Sie das Kontaktformular aus.

+49 (0) 69 / 606 278 – 0
[email protected]