Plant Patents: From Exclusivity to Inclusivity

Patents on plants have always been a ‘hot potato’. Similarly, the relationship between patents on plants and plant breeder’s rights has been subject of an intense societal and academic debate. Most recently, the grant of patents for plants resulting from essentially biological processes, notably tomatoes with reduced fruit water content and broccoli with anti-cancer potential, spurred stormy disputes. Decisions on the scope of plant biotech patents equally fueled a legal battle. The present essay is an attempt to enrich the conversation and establish the foundations for an inclusive use of plant patents.

Publication year:2017