New recipes for Tomatoes and Broccoli

In October 2014, a large inflatable tomato greeted officials at the Enlarged Board of Appeal of the European Patent Office (EPO). Surrounding the officials were protestors waving placards that said “free broccoli” and “free tomato”. The demonstration was organised by No Patents on Seeds, a coalition of non-governmental and farmers’ organisations concerned about patents covering seeds, plants and farm animals. In addition, an online petition set up by campaigning group Avaaz to stop the further patenting of fruit and vegetables in Europe has so far generated more than two million signatures.

The patent in the Tomatoes II case was opposed by consumer goods company Unilever, while crop business Syngenta challenged the patent in the Broccoli II case. The latest patents follow earlier bids by the same parties that were rejected by the Enlarged Board. These earlier patents were rejected, in 2010, because they covered an “essentially biological process” which, according to article 53 (b) of the European Patent Convention (EPC), cannot be patented.