2019/2800(RSP) | [ParlTrack]

2019/2800(RSP) Resolution on the patentability of plants and essentially biological processes

Progress: Procedure completed

Role	Committee	Rapporteur	Shadows
Lead	AGRI	LINS Norbert ( EPP)

Lead committee dossier:

AGRI/9/01198

Legal Basis:

RoP 136-p5

Subjects

Events

2019/12/12

EC - Commission response to text adopted in plenary

Documents

SP(2019)635

2019/09/19

EP - Motion for a resolution

Documents

B9-0040/2019

2019/09/19

EP - Motion for a resolution

Documents

B9-0041/2019

2019/09/19

EP - Motion for a resolution

Documents

B9-0042/2019

2019/09/19

EP - Motion for a resolution

Documents

B9-0043/2019

2019/09/19

EP - Motion for a resolution

Documents

B9-0044/2019

2019/09/19

EP - Motion for a resolution

Documents

B9-0047/2019

2019/09/19

Joint motion for resolution

Documents

RC-B9-0040/2019

2019/09/19

EP - Results of vote in Parliament

Documents

Results of vote in Parliament

2019/09/19

EP - Decision by Parliament

Details

The European Parliament adopted a resolution on the patentability of plants and essentially biological processes.

The resolution was tabled by the EPP, S&D, Renew, Greens/EFA, ECR and GUE/NGL groups.

As a reminder, free access to plant material (including plant traits) is absolutely essential for the innovative capacity of the European plant-breeding and farming sectors, their competitiveness and the development of new plant varieties in order to guarantee global food security, tackle climate change and prevent monopolies within the breeding sector, while at the same time providing more opportunities for SMEs and farmers.

Any restriction or attempt to hamper access to genetic resources may lead to an excessive market concentration in the field of plant breeding, to the detriment of market competition, consumers and the European internal market and food security.

Products emanating from essentially biological processes, such as plants, seeds, native traits and genes, must be excluded from patentability.

Directive 98/44/EC legislates for biotechnological inventions, in particular genetic engineering.

All EU legislators involved have made explicitly clear that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products derived from essentially biological processes.

The 38 contracting states to the European Patent Convention (EPC) have confirmed that their national law and practice are aligned to effectively exclude products obtained from essentially biological processes from patentability.

Parliament called on the Commission and the Member States to do everything in their power to obtain legal clarity regarding the prohibition of the patentability of products obtained from essentially biological processes by the European Patent Office (EPO).

Member States and the Commission are both urged to protect the innovative capacity of the European plant-breeding and farming sectors and the general public interest and to ensure that the Union will effectively safeguard guaranteed access to, and use of, material obtained from essentially biological processes for plant breeding, in order – where applicable – not to interfere with practices guaranteeing farmers’ rights and the breeders’ exemption.

Parliament called on the Commission to:

- submit an amicus curiae before 1 October 2019 with the Enlarged Board of Appeal of the EPO, reinforcing the conclusions laid down in its Notice of 2016 that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products that are obtained through essentially biological processes, and to attach this resolution to its statement;

- engage actively with third countries when negotiating trade and partnership agreements with a view to ensuring the exclusion of essentially biological processes and the products thereof from patentability;

- pursue the exclusion from patentability of essentially biological processes and their products in the context of discussions on the harmonisation of multilateral patent law;

- report on the development and the implications of patent law in the field of biotechnology and genetic engineering and to further analyse issues related to the scope of protection of patents.

Documents

T9-0020/2019

2019/09/19

EP - End of procedure in Parliament

2019/09/16

EP - Oral question/interpellation by Parliament

Documents

B9-0051/2019

2019/09/16

EP - Debate in Parliament

Documents

Debate in Parliament

2019/09/04

EP - LINS Norbert (EPP) appointed as rapporteur in AGRI

Documents

Commission response to text adopted in plenary: SP(2019)635
Motion for a resolution: B9-0040/2019
Motion for a resolution: B9-0041/2019
Motion for a resolution: B9-0042/2019
Motion for a resolution: B9-0043/2019
Motion for a resolution: B9-0044/2019
Motion for a resolution: B9-0047/2019
Joint motion for resolution: RC-B9-0040/2019
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament: T9-0020/2019
Oral question/interpellation by Parliament: B9-0051/2019
Debate in Parliament: Debate in Parliament
Oral question/interpellation by Parliament: B9-0051/2019
Motion for a resolution: B9-0040/2019
Motion for a resolution: B9-0041/2019
Motion for a resolution: B9-0042/2019
Motion for a resolution: B9-0043/2019
Motion for a resolution: B9-0044/2019
Motion for a resolution: B9-0047/2019
Joint motion for resolution: RC-B9-0040/2019
Commission response to text adopted in plenary: SP(2019)635

Activities

Mairead McGUINNESS
Plenary Speeches (6)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 The situation of EU forests (debate)
Annie SCHREIJER-PIERIK
Plenary Speeches (1)
- 2019/09/16 Patentability of plants and essential biological processes (debate)
Institutional Motions (2)
- 2019/09/16 MOTION FOR A RESOLUTION on patents and plant breeders’ rights with a view to submitting a written statement to the Enlarged Board of Appeal of the European Patent Office (case G3/19)
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Eric ANDRIEU
Plenary Speeches (2)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 Patentability of plants and essential biological processes (debate)
Paolo DE CASTRO
Institutional Motions (2)
- 2019/09/16 MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Jan HUITEMA
Institutional Motions (2)
- 2019/09/16 MOTION FOR A RESOLUTION on patentability of plants and essentially biological processes
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Zbigniew KUŹMIUK
Plenary Speeches (2)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 The situation of EU forests (debate)
Anthea McINTYRE
Institutional Motions (2)
- 2016/11/22 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes PDF (143 KB) DOC (47 KB)
- 2016/11/22 MOTION FOR A RESOLUTION on patentability of plants and essentially biological processes PDF (141 KB) DOC (49 KB)
Ruža TOMAŠIĆ
Plenary Speeches (1)
- 2019/09/16 The situation of EU forests (debate)
Institutional Motions (1)
- 2019/09/16 MOTION FOR A RESOLUTION on patentability of plants and essentially biological processes
Manuel BOMPARD
Institutional Motions (2)
- 2019/09/16 MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Dino GIARRUSSO
Institutional Motions (2)
- 2019/09/16 MOTION FOR A RESOLUTION on patenting of essentially biological processes
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Martin BUSCHMANN
Institutional Motions (2)
- 2019/09/16 MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Hynek BLAŠKO
Plenary Speeches (2)
- 2019/09/16 The situation of EU forests (debate)
- 2019/09/16 The situation of EU forests (debate)
Matt CARTHY
Plenary Speeches (1)
- 2016/11/22 The situation of EU forests (debate)
Luke Ming FLANAGAN
Institutional Motions (1)
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
João FERREIRA
Plenary Speeches (1)
- 2019/09/16 The situation of EU forests (debate)
Daniel HANNAN
Plenary Speeches (1)
- 2016/11/22 Patentability of plants and essential biological processes (B9-0040/2019, B9-0040/2019, B9-0041/2019, B9-0042/2019, B9-0043/2019, B9-0044/2019, B9-0047/2019)
Marisa MATIAS
Institutional Motions (1)
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Michèle RIVASI
Plenary Speeches (1)
- 2019/09/16 The situation of EU forests (debate)
Pernando BARRENA ARZA
Institutional Motions (1)
- 2019/09/16 MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Sheila RITCHIE
Plenary Speeches (1)
- 2016/11/22 Patentability of plants and essential biological processes (B9-0040/2019, B9-0040/2019, B9-0041/2019, B9-0042/2019, B9-0043/2019, B9-0044/2019, B9-0047/2019)
Robert ROWLAND
Plenary Speeches (1)
- 2016/11/22 The situation of EU forests (debate)
Clotilde ARMAND
Plenary Speeches (1)
- 2019/09/16 The situation of EU forests (debate)
Daniela RONDINELLI
Institutional Motions (1)
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Liesje SCHREINEMACHER
Institutional Motions (1)
- 2019/09/16 MOTION FOR A RESOLUTION on patentability of plants and essentially biological processes
Mazaly AGUILAR
Institutional Motions (1)
- 2019/09/17 JOINT MOTION FOR A RESOLUTION on the patentability of plants and essentially biological processes
Álvaro AMARO
Plenary Speeches (1)
- 2019/09/16 The situation of EU forests (debate)
Simone SCHMIEDTBAUER
Plenary Speeches (1)
- 2019/09/16 The situation of EU forests (debate)

History

(these mark the time of scraping, not the official date of the change)

2021-12-18Show (10) Changes | Timetravel

docs/1/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/B-9-2019-0040_EN.html New https://www.europarl.europa.eu/doceo/document/B-9-2019-0040_EN.html
docs/2/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/B-9-2019-0041_EN.html New https://www.europarl.europa.eu/doceo/document/B-9-2019-0041_EN.html
docs/3/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/B-9-2019-0042_EN.html New https://www.europarl.europa.eu/doceo/document/B-9-2019-0042_EN.html
docs/4/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/B-9-2019-0043_EN.html New https://www.europarl.europa.eu/doceo/document/B-9-2019-0043_EN.html
docs/5/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/B-9-2019-0044_EN.html New https://www.europarl.europa.eu/doceo/document/B-9-2019-0044_EN.html
docs/6/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/B-9-2019-0047_EN.html New https://www.europarl.europa.eu/doceo/document/B-9-2019-0047_EN.html
docs/7/docs/0/url	Old http://www.europarl.europa.eu/doceo/document/RC-9-2019-0040_EN.html New https://www.europarl.europa.eu/doceo/document/RC-9-2019-0040_EN.html
events/0/docs/0/url	Old http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20190916&type=CRE New https://www.europarl.europa.eu/doceo/document/CRE-9-2019-09-16-TOC_EN.html
events/2	date 2019-09-19T00:00:00 type Decision by Parliament body EP docs url: https://www.europarl.europa.eu/doceo/document/TA-9-2019-0020_EN.html title: T9-0020/2019 summary The European Parliament adopted a resolution on the patentability of plants and essentially biological processes. The resolution was tabled by the EPP, S&D, Renew, Greens/EFA, ECR and GUE/NGL groups. As a reminder, free access to plant material (including plant traits) is absolutely essential for the innovative capacity of the European plant-breeding and farming sectors, their competitiveness and the development of new plant varieties in order to guarantee global food security, tackle climate change and prevent monopolies within the breeding sector, while at the same time providing more opportunities for SMEs and farmers. Any restriction or attempt to hamper access to genetic resources may lead to an excessive market concentration in the field of plant breeding, to the detriment of market competition, consumers and the European internal market and food security. Products emanating from essentially biological processes, such as plants, seeds, native traits and genes, must be excluded from patentability. Directive 98/44/EC legislates for biotechnological inventions, in particular genetic engineering. All EU legislators involved have made explicitly clear that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products derived from essentially biological processes. The 38 contracting states to the European Patent Convention (EPC) have confirmed that their national law and practice are aligned to effectively exclude products obtained from essentially biological processes from patentability. Parliament called on the Commission and the Member States to do everything in their power to obtain legal clarity regarding the prohibition of the patentability of products obtained from essentially biological processes by the European Patent Office (EPO). Member States and the Commission are both urged to protect the innovative capacity of the European plant-breeding and farming sectors and the general public interest and to ensure that the Union will effectively safeguard guaranteed access to, and use of, material obtained from essentially biological processes for plant breeding, in order – where applicable – not to interfere with practices guaranteeing farmers’ rights and the breeders’ exemption. Parliament called on the Commission to: - submit an amicus curiae before 1 October 2019 with the Enlarged Board of Appeal of the EPO, reinforcing the conclusions laid down in its Notice of 2016 that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products that are obtained through essentially biological processes, and to attach this resolution to its statement; - engage actively with third countries when negotiating trade and partnership agreements with a view to ensuring the exclusion of essentially biological processes and the products thereof from patentability; - pursue the exclusion from patentability of essentially biological processes and their products in the context of discussions on the harmonisation of multilateral patent law; - report on the development and the implications of patent law in the field of biotechnology and genetic engineering and to further analyse issues related to the scope of protection of patents.
events/2	date 2019-09-19T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/TA-9-2019-0020_EN.html title: T9-0020/2019 summary The European Parliament adopted a resolution on the patentability of plants and essentially biological processes. The resolution was tabled by the EPP, S&D, Renew, Greens/EFA, ECR and GUE/NGL groups. As a reminder, free access to plant material (including plant traits) is absolutely essential for the innovative capacity of the European plant-breeding and farming sectors, their competitiveness and the development of new plant varieties in order to guarantee global food security, tackle climate change and prevent monopolies within the breeding sector, while at the same time providing more opportunities for SMEs and farmers. Any restriction or attempt to hamper access to genetic resources may lead to an excessive market concentration in the field of plant breeding, to the detriment of market competition, consumers and the European internal market and food security. Products emanating from essentially biological processes, such as plants, seeds, native traits and genes, must be excluded from patentability. Directive 98/44/EC legislates for biotechnological inventions, in particular genetic engineering. All EU legislators involved have made explicitly clear that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products derived from essentially biological processes. The 38 contracting states to the European Patent Convention (EPC) have confirmed that their national law and practice are aligned to effectively exclude products obtained from essentially biological processes from patentability. Parliament called on the Commission and the Member States to do everything in their power to obtain legal clarity regarding the prohibition of the patentability of products obtained from essentially biological processes by the European Patent Office (EPO). Member States and the Commission are both urged to protect the innovative capacity of the European plant-breeding and farming sectors and the general public interest and to ensure that the Union will effectively safeguard guaranteed access to, and use of, material obtained from essentially biological processes for plant breeding, in order – where applicable – not to interfere with practices guaranteeing farmers’ rights and the breeders’ exemption. Parliament called on the Commission to: - submit an amicus curiae before 1 October 2019 with the Enlarged Board of Appeal of the EPO, reinforcing the conclusions laid down in its Notice of 2016 that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products that are obtained through essentially biological processes, and to attach this resolution to its statement; - engage actively with third countries when negotiating trade and partnership agreements with a view to ensuring the exclusion of essentially biological processes and the products thereof from patentability; - pursue the exclusion from patentability of essentially biological processes and their products in the context of discussions on the harmonisation of multilateral patent law; - report on the development and the implications of patent law in the field of biotechnology and genetic engineering and to further analyse issues related to the scope of protection of patents.

2020-01-19Show (12) Changes | Timetravel

docs/1/docs/0/url	http://www.europarl.europa.eu/doceo/document/B-9-2019-0040_EN.html
docs/2/docs/0/url	http://www.europarl.europa.eu/doceo/document/B-9-2019-0041_EN.html
docs/3/docs/0/url	http://www.europarl.europa.eu/doceo/document/B-9-2019-0042_EN.html
docs/4/docs/0/url	http://www.europarl.europa.eu/doceo/document/B-9-2019-0043_EN.html
docs/5/docs/0/url	http://www.europarl.europa.eu/doceo/document/B-9-2019-0044_EN.html
docs/6/docs/0/url	http://www.europarl.europa.eu/doceo/document/B-9-2019-0047_EN.html
docs/7	date 2019-09-19T00:00:00 docs url: http://www.europarl.europa.eu/doceo/document/RC-9-2019-0040_EN.html title: RC-B9-0040/2019 type Joint motion for resolution
docs/7	date 2019-09-19T00:00:00 docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P9-TA-2019-0020 title: T9-0020/2019 type Text adopted by Parliament, single reading body EP
docs/8	date 2019-12-12T00:00:00 docs url: /oeil/spdoc.do?i=35888&j=0&l=en title: SP(2019)635 type Commission response to text adopted in plenary body EC
events/1	date 2019-09-19T00:00:00 type Results of vote in Parliament body EP docs url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=35888&l=en title: Results of vote in Parliament
events/1	date 2019-09-19T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P9-TA-2019-0020 title: T9-0020/2019
events/2	date 2019-09-19T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/doceo/document/TA-9-2019-0020_EN.html title: T9-0020/2019 summary The European Parliament adopted a resolution on the patentability of plants and essentially biological processes. The resolution was tabled by the EPP, S&D, Renew, Greens/EFA, ECR and GUE/NGL groups. As a reminder, free access to plant material (including plant traits) is absolutely essential for the innovative capacity of the European plant-breeding and farming sectors, their competitiveness and the development of new plant varieties in order to guarantee global food security, tackle climate change and prevent monopolies within the breeding sector, while at the same time providing more opportunities for SMEs and farmers. Any restriction or attempt to hamper access to genetic resources may lead to an excessive market concentration in the field of plant breeding, to the detriment of market competition, consumers and the European internal market and food security. Products emanating from essentially biological processes, such as plants, seeds, native traits and genes, must be excluded from patentability. Directive 98/44/EC legislates for biotechnological inventions, in particular genetic engineering. All EU legislators involved have made explicitly clear that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products derived from essentially biological processes. The 38 contracting states to the European Patent Convention (EPC) have confirmed that their national law and practice are aligned to effectively exclude products obtained from essentially biological processes from patentability. Parliament called on the Commission and the Member States to do everything in their power to obtain legal clarity regarding the prohibition of the patentability of products obtained from essentially biological processes by the European Patent Office (EPO). Member States and the Commission are both urged to protect the innovative capacity of the European plant-breeding and farming sectors and the general public interest and to ensure that the Union will effectively safeguard guaranteed access to, and use of, material obtained from essentially biological processes for plant breeding, in order – where applicable – not to interfere with practices guaranteeing farmers’ rights and the breeders’ exemption. Parliament called on the Commission to: - submit an amicus curiae before 1 October 2019 with the Enlarged Board of Appeal of the EPO, reinforcing the conclusions laid down in its Notice of 2016 that the EU legislator’s intention when adopting Directive 98/44/EC was to exclude from patentability products that are obtained through essentially biological processes, and to attach this resolution to its statement; - engage actively with third countries when negotiating trade and partnership agreements with a view to ensuring the exclusion of essentially biological processes and the products thereof from patentability; - pursue the exclusion from patentability of essentially biological processes and their products in the context of discussions on the harmonisation of multilateral patent law; - report on the development and the implications of patent law in the field of biotechnology and genetic engineering and to further analyse issues related to the scope of protection of patents.

2019-09-20Show (12) Changes | Timetravel

docs/1	date 2019-09-19T00:00:00 docs title: B9-0040/2019 type Motion for a resolution body EP
docs/2	date 2019-09-19T00:00:00 docs title: B9-0041/2019 type Motion for a resolution body EP
docs/3	date 2019-09-19T00:00:00 docs title: B9-0042/2019 type Motion for a resolution body EP
docs/4	date 2019-09-19T00:00:00 docs title: B9-0043/2019 type Motion for a resolution body EP
docs/5	date 2019-09-19T00:00:00 docs title: B9-0044/2019 type Motion for a resolution body EP
docs/6	date 2019-09-19T00:00:00 docs title: B9-0047/2019 type Motion for a resolution body EP
docs/7	date 2019-09-19T00:00:00 docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P9-TA-2019-0020 title: T9-0020/2019 type Text adopted by Parliament, single reading body EP
events/1	date 2019-09-19T00:00:00 type Decision by Parliament, 1st reading/single reading body EP docs url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P9-TA-2019-0020 title: T9-0020/2019
events/2	date 2019-09-19T00:00:00 type End of procedure in Parliament body EP
forecasts	date: 2019-09-19T00:00:00 title: Vote in plenary scheduled
procedure/stage_reached	Old Awaiting Parliament 1st reading / single reading / budget 1st stage New Procedure completed
procedure/title	Old Patentability of plants and essential biological processes New Resolution on the patentability of plants and essentially biological processes

2019-09-18Show (2) Changes | Timetravel

commission	body: EC dg: Internal Market, Industry, Entrepreneurship and SMEs commissioner: BIEŃKOWSKA Elżbieta
events/0/docs	url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20190916&type=CRE title: Debate in Parliament

2019-09-17Show (3) Changes | Timetravel

docs	date: 2019-09-16T00:00:00 docs: title: B9-0051/2019 type: Oral question/interpellation by Parliament body: EP
events	date: 2019-09-16T00:00:00 type: Debate in Parliament body: EP
forecasts/0	date 2019-09-16T00:00:00 title Debate scheduled

2019-09-17Show (1) Changes

forecasts/0/title

Old

Debate in plenary scheduled

New

Debate scheduled

Progress: Procedure completed

Lead committee dossier:

AGRI/9/01198

Legal Basis:

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History

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