Aventis CropScience Patent for Genetically Improved Plants Finally Approved by the European Patent Office

16-Feb-2001

The European Patent Office (EPO) has approved a controversial patent for genetically modified plants, which are resistant to Glufosinate (LibertyÂ®. The patent EP 275957 was filed in 1987 by Aventis CropScience (former AgrEvo) and had been granted in 1993. Following a public hearing last week, the Munich authorities overruled the objections made by an environmental organisation to the patent when issued in 1993.

The patent involves a gene which makes crop plants resistant to the company's herbicide LibertyÂ®. The argumentation was that the gene isolated from bacteria can be found naturally, and has been isolated using well-known methods, thus this discovery can in no way be considered as patentable. The prevailing counter-argument of Aventis CropScience experts holds that the gene in question is a modified gene, which can definitely not be found in nature in this form. Modifying a gene occurring in nature is an invention and can therefore be patented.

Registrations for LibertyLinkÂ® (brand for the modified crops) and the herbicide have be granted in the meantime for Canola (summer oil seed rape) in Canada, Cotton in Australia, Corn and Soya in the US. With the exemption of Soya, Liberty and LibertyLink seed, were marketed since several years in the countries registered.

https://www.chemeurope.com/en/news/1337/aventis-cropscience-patent-for-genetically-improved-plants-finally-approved-by-the-european-patent-office.html