The European Patent Office (EPO) has dismissed an appeal challenging European Patent EP2966992, leaving in force a patent covering a conventionally bred lettuce developed by Dutch vegetable breeding company Rijk Zwaan.

The appeal had been filed by the advocacy organization No Patents on Seeds!, which argues that patents covering conventionally bred plants restrict access to essential breeding material and undermine traditional plant breeding. Following the decision, the organization has renewed its call for the European Union to strengthen restrictions on patents covering conventionally bred plants.

Heat-Tolerant Lettuce Developed Through Conventional Breeding

The patent relates to a lettuce variety obtained through conventional breeding methods, rather than genetic engineering.

According to publicly available information, the variety was selected from a large population of naturally mutated lettuce plants. One of its most valuable characteristics is that its seeds remain viable under relatively high temperatures, a trait that could become increasingly important as agriculture adapts to climate change.

Unlike genetically modified plants, the patented lettuce was produced through traditional selection techniques.

Appeal Rejected by the EPO

After reviewing the case, the EPO rejected the appeal against the patent.

As a result, the patent remains valid and Rijk Zwaan retains exclusive rights over the patented invention within the scope provided by European patent law.

The decision does not introduce new legal principles but confirms that patents relating to conventionally bred plants continue to be assessed under the existing framework of the European Patent Convention.

Renewed Debate Over Patents on Conventionally Bred Plants

The ruling has reignited long-standing discussions regarding the relationship between patents and conventional plant breeding.

The organization No Patents on Seeds! argues that granting patents over conventionally bred plants may limit breeders’ access to valuable genetic resources needed for developing new plant varieties.

Following the decision, the organization called on the European Union to strengthen the exclusion of conventionally bred plants from patent protection and to ensure that companies cannot use patents to control access to biological material required for further breeding.

According to the organization, safeguards should be introduced before the European Commission establishes its planned patent transparency registry for plants developed using new genomic techniques (NGTs).

Connection with the EU’s New Genomic Techniques Framework

The timing of the decision is particularly noteworthy.

The European Union is currently implementing a new regulatory framework for New Genomic Techniques (NGTs) while simultaneously examining how patents covering plant-related innovations should be made more transparent.

As part of this process, the European Commission has established a dedicated working group on patent-related issues and opened a public consultation involving Member States and stakeholders.

Among the proposals currently under discussion is the creation of a patent information registry intended to improve transparency regarding patents affecting NGT-derived plants.

Following the EPO’s decision, No Patents on Seeds! has argued that participation in such a registry should require patent holders to waive claims covering conventionally bred plants.

Whether this proposal will ultimately be reflected in future EU legislation remains to be seen.

Patents and Plant Variety Rights Remain Separate IP Systems

The case also highlights the distinction between patent protection and plant breeders’ rights (PBRs).

Plant breeders’ rights protect new plant varieties that satisfy the applicable DUS (Distinctness, Uniformity and Stability) requirements and generally include a breeder’s exemption allowing further breeding.

Patent protection, on the other hand, may confer broader exclusive rights over specific technical inventions, potentially affecting the use of biological material by third parties.

The interaction between these two intellectual property systems has been the subject of policy discussions in Europe for many years and is expected to remain an important issue as plant breeding technologies continue to evolve.

Why the Decision Matters

Although the EPO’s decision concerns a single lettuce patent, its implications extend well beyond one crop.

The ruling arrives at a time when European policymakers are considering reforms affecting patents, plant breeding and new genomic techniques. It therefore contributes to a broader discussion about how innovation should be rewarded while preserving access to breeding material for future agricultural development.

The outcome of the European Commission’s ongoing work on patent transparency and the implementation of the NGT framework may further shape this balance in the coming years.