2012/2623(RSP) | [ParlTrack]

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2012/2623(RSP) Resolution on the patenting of essential biological processes

Progress: Procedure completed

Legal Basis:

RoP 132-p2

Subjects

Events

2012/09/20

EC - Commission response to text adopted in plenary

Documents

SP(2012)541

2012/05/10

EP - Results of vote in Parliament

Documents

Results of vote in Parliament

2012/05/10

EP - Decision by Parliament

Details

The European Parliament adopted a resolution by 354 votes to 192 with 22 abstentions on the patenting of essential biological processes. The resolution had been tabled by the S&D, EPP, ALDE and Greens/EFA groups. It recognises that patents promote the dissemination of valuable technical information and are an important tool for the transfer of technology. However, excessively broad patent protection especially in the area of breeding, can hamper innovation and progress and become detrimental to small and medium breeders by blocking access to animal and plant genetic resources.

Members note that Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention establish that plant and animal varieties and essentially biological processes for the production of plants or animals shall not be patentable. Nevertheless, patents on products derived from conventional breeding or on genetic material necessary for conventional breeding can undermine the exclusion established in Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention.

Parliament welcomes the decisions of the Enlarged Board of Appeal of the European Patent Office in the ‘broccoli’ (G 2/07) and ‘tomato’ (G 1/08) cases, dealing with the correct interpretation of the term ‘essentially biological processes for the production of plants (or animals)’ used in Directive 98/44/EC and the European Patent Convention to exclude such processes from patentability.

It calls on the EPO also to exclude from patenting products derived from conventional breeding and all conventional breeding methods, including SMART breeding (precision breeding) and breeding material used for conventional breeding.

Parliament also welcomes the recent decision of the European Patent Office in the WARF case and of the European Court of Justice in the Brüstle case, as they appropriately interpret Directive 98/44/EC and give important indications on the whole content approach. They call on the European Commission to draw the appropriate conclusions from these decisions also in other relevant policy areas in order to bring EU policy in line with these decisions.

Members also note that under Directive 98/44/EC the Commission is required to report annually on the development and implications of patent law in the field of biotechnology and genetic engineering, but that the Commission has not published any such reports since 2005.

They call on the Commission:

to address in its forthcoming report the ‘broccoli and tomato decisions’ of the Enlarged Board of Appeal of the EPO; to address in its forthcoming report the potential implications of the patenting of breeding methods for plants and their impact on the breeding industry, agriculture, the food industry and food security; to ensure that the EU will continue to apply a comprehensive breeders‘ exemption in its patent law for plant and animal breeding.

Documents

T7-0202/2012

2012/05/10

EP - End of procedure in Parliament

2012/05/09

EP - Debate in Parliament

Documents

Debate in Parliament

2012/05/02

EP - Motion for a resolution

Documents

B7-0228/2012

Documents

Commission response to text adopted in plenary: SP(2012)541
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament: T7-0202/2012
Debate in Parliament: Debate in Parliament
Motion for a resolution: B7-0228/2012
Motion for a resolution: B7-0228/2012
Commission response to text adopted in plenary: SP(2012)541

Activities

Alexander Nuno PICKART ALVARO
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Bas BELDER
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
John BUFTON
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Philippe DE BACKER
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Vicky FORD
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Enrique GUERRERO SALOM
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (B7-0228/2012) (vote)
Martin KASTLER
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Rareș-Lucian NICULESCU
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Pavel POC
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Cecilia WIKSTRÖM
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Anna ZÁBORSKÁ
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)
Tadeusz ZWIEFKA
Plenary Speeches (1)
- 2016/11/22 Patenting of essential biological processes (debate)

History

(these mark the time of scraping, not the official date of the change)

2021-12-18Show (6) Changes | Timetravel

docs/0/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/B-7-2012-0228_EN.html New https://www.europarl.europa.eu/doceo/document/B-7-2012-0228_EN.html
events/0/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120509&type=CRE New https://www.europarl.europa.eu/doceo/document/CRE-7-2012-05-09-TOC_EN.html
events/2	date 2012-05-10T00:00:00 type Decision by Parliament body EP docs url: https://www.europarl.europa.eu/doceo/document/TA-7-2012-0202_EN.html title: T7-0202/2012 summary The European Parliament adopted a resolution by 354 votes to 192 with 22 abstentions on the patenting of essential biological processes. The resolution had been tabled by the S&D, EPP, ALDE and Greens/EFA groups. It recognises that patents promote the dissemination of valuable technical information and are an important tool for the transfer of technology. However, excessively broad patent protection especially in the area of breeding, can hamper innovation and progress and become detrimental to small and medium breeders by blocking access to animal and plant genetic resources. Members note that Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention establish that plant and animal varieties and essentially biological processes for the production of plants or animals shall not be patentable. Nevertheless, patents on products derived from conventional breeding or on genetic material necessary for conventional breeding can undermine the exclusion established in Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention. Parliament welcomes the decisions of the Enlarged Board of Appeal of the European Patent Office in the ‘broccoli’ (G 2/07) and ‘tomato’ (G 1/08) cases, dealing with the correct interpretation of the term ‘essentially biological processes for the production of plants (or animals)’ used in Directive 98/44/EC and the European Patent Convention to exclude such processes from patentability. It calls on the EPO also to exclude from patenting products derived from conventional breeding and all conventional breeding methods, including SMART breeding (precision breeding) and breeding material used for conventional breeding. Parliament also welcomes the recent decision of the European Patent Office in the WARF case and of the European Court of Justice in the Brüstle case, as they appropriately interpret Directive 98/44/EC and give important indications on the whole content approach. They call on the European Commission to draw the appropriate conclusions from these decisions also in other relevant policy areas in order to bring EU policy in line with these decisions. Members also note that under Directive 98/44/EC the Commission is required to report annually on the development and implications of patent law in the field of biotechnology and genetic engineering, but that the Commission has not published any such reports since 2005. They call on the Commission: to address in its forthcoming report the ‘broccoli and tomato decisions’ of the Enlarged Board of Appeal of the EPO; to address in its forthcoming report the potential implications of the patenting of breeding methods for plants and their impact on the breeding industry, agriculture, the food industry and food security; to ensure that the EU will continue to apply a comprehensive breeders‘ exemption in its patent law for plant and animal breeding.
events/2	date 2012-05-10T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/TA-7-2012-0202_EN.html title: T7-0202/2012 summary The European Parliament adopted a resolution by 354 votes to 192 with 22 abstentions on the patenting of essential biological processes. The resolution had been tabled by the S&D, EPP, ALDE and Greens/EFA groups. It recognises that patents promote the dissemination of valuable technical information and are an important tool for the transfer of technology. However, excessively broad patent protection especially in the area of breeding, can hamper innovation and progress and become detrimental to small and medium breeders by blocking access to animal and plant genetic resources. Members note that Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention establish that plant and animal varieties and essentially biological processes for the production of plants or animals shall not be patentable. Nevertheless, patents on products derived from conventional breeding or on genetic material necessary for conventional breeding can undermine the exclusion established in Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention. Parliament welcomes the decisions of the Enlarged Board of Appeal of the European Patent Office in the ‘broccoli’ (G 2/07) and ‘tomato’ (G 1/08) cases, dealing with the correct interpretation of the term ‘essentially biological processes for the production of plants (or animals)’ used in Directive 98/44/EC and the European Patent Convention to exclude such processes from patentability. It calls on the EPO also to exclude from patenting products derived from conventional breeding and all conventional breeding methods, including SMART breeding (precision breeding) and breeding material used for conventional breeding. Parliament also welcomes the recent decision of the European Patent Office in the WARF case and of the European Court of Justice in the Brüstle case, as they appropriately interpret Directive 98/44/EC and give important indications on the whole content approach. They call on the European Commission to draw the appropriate conclusions from these decisions also in other relevant policy areas in order to bring EU policy in line with these decisions. Members also note that under Directive 98/44/EC the Commission is required to report annually on the development and implications of patent law in the field of biotechnology and genetic engineering, but that the Commission has not published any such reports since 2005. They call on the Commission: to address in its forthcoming report the ‘broccoli and tomato decisions’ of the Enlarged Board of Appeal of the EPO; to address in its forthcoming report the potential implications of the patenting of breeding methods for plants and their impact on the breeding industry, agriculture, the food industry and food security; to ensure that the EU will continue to apply a comprehensive breeders‘ exemption in its patent law for plant and animal breeding.
procedure/legal_basis/0	Rules of Procedure EP 132-p2
procedure/legal_basis/0	Rules of Procedure EP 123-p2

2020-01-19Show (3) Changes | Timetravel

docs/0/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B7-2012-228&language=EN New http://www.europarl.europa.eu/doceo/document/B-7-2012-0228_EN.html
docs/1/body	EC
events/2/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-202 New http://www.europarl.europa.eu/doceo/document/TA-7-2012-0202_EN.html

2019-07-06Show (11) Changes | Timetravel

activities	date: 2012-05-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120509&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2012-05-10T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21567&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-202 type: Decision by Parliament, 1st reading/single reading title: T7-0202/2012 body: EP type: Results of vote in Parliament
commission	body: EC dg: Financial Stability, Financial Services and Capital Markets Union commissioner: BARNIER Michel
committees
docs	date: 2012-05-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B7-2012-228&language=EN title: B7-0228/2012 type: Motion for a resolution body: EP date: 2012-09-20T00:00:00 docs: url: /oeil/spdoc.do?i=21567&j=0&l=en title: SP(2012)541 type: Commission response to text adopted in plenary
events	date: 2012-05-09T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120509&type=CRE title: Debate in Parliament date: 2012-05-10T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21567&l=en title: Results of vote in Parliament date: 2012-05-10T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-202 title: T7-0202/2012 summary: The European Parliament adopted a resolution by 354 votes to 192 with 22 abstentions on the patenting of essential biological processes. The resolution had been tabled by the S&D, EPP, ALDE and Greens/EFA groups. It recognises that patents promote the dissemination of valuable technical information and are an important tool for the transfer of technology. However, excessively broad patent protection especially in the area of breeding, can hamper innovation and progress and become detrimental to small and medium breeders by blocking access to animal and plant genetic resources. Members note that Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention establish that plant and animal varieties and essentially biological processes for the production of plants or animals shall not be patentable. Nevertheless, patents on products derived from conventional breeding or on genetic material necessary for conventional breeding can undermine the exclusion established in Article 4 of Directive 98/44/EC and Article 53(b) of the European Patent Convention. Parliament welcomes the decisions of the Enlarged Board of Appeal of the European Patent Office in the ‘broccoli’ (G 2/07) and ‘tomato’ (G 1/08) cases, dealing with the correct interpretation of the term ‘essentially biological processes for the production of plants (or animals)’ used in Directive 98/44/EC and the European Patent Convention to exclude such processes from patentability. It calls on the EPO also to exclude from patenting products derived from conventional breeding and all conventional breeding methods, including SMART breeding (precision breeding) and breeding material used for conventional breeding. Parliament also welcomes the recent decision of the European Patent Office in the WARF case and of the European Court of Justice in the Brüstle case, as they appropriately interpret Directive 98/44/EC and give important indications on the whole content approach. They call on the European Commission to draw the appropriate conclusions from these decisions also in other relevant policy areas in order to bring EU policy in line with these decisions. Members also note that under Directive 98/44/EC the Commission is required to report annually on the development and implications of patent law in the field of biotechnology and genetic engineering, but that the Commission has not published any such reports since 2005. They call on the Commission: to address in its forthcoming report the ‘broccoli and tomato decisions’ of the Enlarged Board of Appeal of the EPO; to address in its forthcoming report the potential implications of the patenting of breeding methods for plants and their impact on the breeding industry, agriculture, the food industry and food security; to ensure that the EU will continue to apply a comprehensive breeders‘ exemption in its patent law for plant and animal breeding. date: 2012-05-10T00:00:00 type: End of procedure in Parliament body: EP
links
other	body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
procedure/legal_basis/0	Rules of Procedure EP 123-p2
procedure/legal_basis/0	Rules of Procedure of the European Parliament EP 123-p2
procedure/subject	Old 3.10.04 Livestock farming 3.10.06 Crop products in general, floriculture 3.50.16 Industrial property, European patent, Community patent, design and pattern New 3.10.04 Livestock farming 3.10.06 Crop products in general, floriculture 3.50.16 Industrial property, European patent, Community patent, design and pattern
procedure/subtype	Old Resolution on statements New Resolution on statement

2014-11-09Show (11) Changes | Timetravel

activities/0/date	Old 2012-05-02T00:00:00 New 2012-05-09T00:00:00
activities/0/docs/0/title	Old B7-0228/2012 New Debate in Parliament
activities/0/docs/0/type	Old Motion for a resolution New Debate in Parliament
activities/0/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B7-2012-228&language=EN New http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120509&type=CRE
activities/0/type	Old Motion for a resolution New Debate in Parliament
activities/1/date	Old 2012-05-09T00:00:00 New 2012-05-10T00:00:00
activities/1/docs	url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21567&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-202 type: Decision by Parliament, 1st reading/single reading title: T7-0202/2012
activities/1/type	Old Debate in Parliament New Results of vote in Parliament
activities/2	date 2012-05-10T00:00:00 docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-202 type: Decision by Parliament, 1st reading/single reading title: T7-0202/2012 body EP type Text adopted by Parliament, single reading
procedure/legal_basis	Rules of Procedure of the European Parliament EP 123-p2
procedure/subject/0	3.10.04 Livestock farming

2012-05-15Show (5) Changes | Timetravel

activities/0	date 2012-05-02T00:00:00 docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=B7-2012-228&language=EN type: Motion for a resolution title: B7-0228/2012 body EP type Motion for a resolution
activities/2/docs	url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-202 type: Decision by Parliament, 1st reading/single reading title: T7-0202/2012
activities/2/type	Old Vote scheduled New Text adopted by Parliament, single reading
procedure/stage_reached	Old Awaiting Parliament 1st reading / single reading / budget 1st stage New Procedure completed
procedure/title	Old Patenting of essential biological processes New Resolution on the patenting of essential biological processes

2012-05-11Show (1) Changes | Timetravel

activities/0/type

Old

Debate scheduled

New

Debate in Parliament

2012-05-06Show (1) Changes | Timetravel

procedure/legal_basis

Rules of Procedure of the European Parliament EP 110-p2

2012-04-21Show (5) Changes

activities	date: 2012-05-09T00:00:00 body: EP type: Debate scheduled date: 2012-05-10T00:00:00 body: EP type: Vote scheduled
committees
links
other	body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
procedure	reference 2012/2623(RSP) title Patenting of essential biological processes legal_basis Rules of Procedure of the European Parliament EP 110-p2 stage_reached Awaiting Parliament 1st reading / single reading / budget 1st stage subtype Resolution on statements type RSP - Resolutions on topical subjects subject 3.10.06 Crop products in general, floriculture 3.50.16 Industrial property, European patent, Community patent, design and pattern

Progress: Procedure completed

Legal Basis:

Subjects

Links

Events

Documents

Activities

History

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