Biotechnology patents: EPO practice and expert exchange

On 12 September, the EPO hosted an online workshop on biotechnology inventions with its member states. The discussions underlined the consistent and transparent legal framework for plant innovation in Europe, and provided a platform to explore the role of green biotechnology in enhancing Europe’s competitiveness and meeting its sustainability goals.

Against the backdrop of growing innovation in green biotechnology and the urgent need worldwide to address climate change and food security issues, the European Patent Office (EPO) held a workshop on 12 September with its member states on biotechnology patents. The event brought together EPO experts and representatives from 28 intellectual property offices across Europe as well as the European Commission, to exchange views on the latest legal and technological developments in this sector. The workshop forms part of the EPO’s broader commitment to engaging with stakeholders and providing expertise that supports informed decision-making in plant innovation – a field that plays a vital role in the European economy and job creation, and in tackling global challenges.

“The Draghi report identifies biotechnology as a key strategic sector for Europe’s competitiveness, economic security and sustainability,” said Christoph Ernst, EPO Vice-President International and Legal Affairs, who chaired the meeting. “But Europe is facing increasing competition in biotechnology patent filings from the US and China. To stay competitive, we must do more to accelerate R&D in biotechnology, which has applications across so many sectors, from healthcare to industry to agriculture. This requires creating the conditions that help companies, researchers, SMEs and startups scale up and turn innovation into commercial success and benefits for society.”

Solid legal framework for plant innovation in Europe

During the workshop, EPO experts provided an overview of the legal framework for patenting plant-related inventions in Europe, including those involving new genomic techniques (NGTs), an area currently under discussion at EU level. Using concrete examples, EPO experts outlined the Office’s strict and transparent examination procedure, which is grounded in the European Patent Convention and aligned with the EU Directive on biotechnological inventions. Only plant-related inventions that are truly novel, inventive and of a technical nature are granted patent protection. Plants obtained through conventional biological processes, such as simple cross-breeding and cross-selection, are excluded.

The EPO also underscored the complementary relationship between patents and plant variety rights, which are registered by the EU’s Community Plant Variety Office, with whom the EPO co-operates closely.

Agricultural inventions for a better future

With the global population expected to reach 10 billion by 2050, and in the face of escalating environmental challenges, food security is a top priority for governments worldwide. Biotechnology has numerous applications in agriculture that can address this challenge sustainably. For example, researchers are developing food crops that are more resistant to drought and pests, have higher yields or offer improved nutritional value. Other new technologies aim to preserve biodiversity, protect endangered plant and animal species, and contribute to climate change mitigation. The patent system supports these innovations by incentivising R&D and stimulating investment. At the same time, the publication of patent applications facilitates free dissemination of information about the latest technologies, enabling others to build on existing knowledge and drive continued progress.

Supporting innovation through information and co-operation

The EPO regularly provides data on plant-related inventions, such as its annual status report to the Administrative Council Committee on Patent Law. It also offers tools for researchers and publishes landscaping studies on technologies in a wide range of fields, including biotechnology. These tools and publications support the EPO’s work with partner organisations to foster innovation and its engagement with stakeholders, including NGOs.

New EPO digital agriculture report and technology platform

On 18 September, the EPO will publish a technology insight report on patenting trends in the area of digital agriculture, covering inventions in fields such as imaging and sensing technologies, automation tools, drones and AI. The report will be accompanied by the launch of a new EPO technology platform to help researchers and the public more easily navigate the wealth of free patent information available about these inventions.