EPO Revokes Monsanto Patent On Virus-Resistant Melon

The European Patent Office on 20 January revoked a patent held by Monsanto on virus-resistant melons for technical reasons, much to the glee of opponents of patents on conventional plants.

The oral proceedings [pdf] decided to revoke the patent “because at least one ground for opposition prejudices the maintenance of the European Patent (Art. 101(2) EPC). Art 101 of the European Patent Convention deals with the examination of the opposition, and ground for revocation. The other reason invoked to revoke the patent was “…account being taken of the amendments made by the patent proprietor during opposition proceedings, the patent and the invention to which it relates were found not to meet the requirements of the EPC (Art. 101(3)(b) EPC).

According to an EPO official, the patent was revoked because it was found that it was lacking sufficient disclosure of the invention.

The patent was challenged by a number of parties: Arbeitsgemeinschaft Bäuerliche Landwirtschaft (Germany), Bund Naturschutz in Bayern (Germany), Berne Declaration (Switzerland), Gesellschaft für Ökologische Forschung (Germany), Greenpeace (Germany), No Patents on Life! (Germany), Verband Katholisches Landvolk (Germany) and Foundation for Future Farming, according to [pdf] non-governmental organisation No Patents on Seeds.

According to the NGO, Monsanto was claiming melons with a natural resistance to plant viruses. The resistance was detected in Indian melons, they said, adding that the Indian government supported the opposition.

[Update:] The Indian government letter is available here [pdf].

The decision can now be challenged by Monsanto, according to the EPO.

Image Credits: Flickr – Kaustav Bhattacharya