To patent or not to patent: challenges and solutions to the patent ban on new genomic techniques plant in EU

Abstract

The Proposal for a new Regulation on plants produced by certain new genomic techniques (NGTs) embraces the deregulation of NGT plants but introduces a patent ban on them. This move has generated significant legal uncertainties and has become the focal point of a broader debate over the patentability of NGT plants. In reviewing the rationale and challenges underlying the patent ban, this article argues that the abandonment of patents diverges from established expectations. Introducing a new complete patent ban is likely to lead to several adverse consequences, including challenges related to justification, implementation, and innovation. Instead of radically altering the NGT plant patent framework, more practical and balanced alternatives within existing patent system–such as the establishment of a patent-clearing platform, the adoption of a compulsory licensing model and the creation of a labeling and traceability system–may offer more effective solutions.