EPO throws cold water on opposition to KWS patent

On 15 October 2024, the European Patent Office (EPO) upheld KWS’s patent for cold-resistant maize. This decision is likely to raise serious concerns among European seed breeders, who may now feel threatened in their breeding work. The patent covers maize plants containing a naturally occurring genetic sequence, which restricts the freedom of breeders to develop new varieties. The “oral proceedings”, which took place before the EPO Opposition Division and which Inf’OGM attended by video-conference, gave rise to some unusual and revealing exchanges. This case shows once again that patents can indeed be tools for appropriating seeds developed by farmers and/or breeders.