Womble Bond Dickinson (US) LLP’s Post

Listen to our latest Audio Article: Companies that patent seeds claim it is necessary to protect their return on investment, fund further research, and create food security. As this premise is far from the truth, intellectual property law is being weaponized to benefit multinational corporations. Discover how seed patenting is driving small farms out of business, threatening global food security, and hindering independent research on plant gene mutations. #Ethics #Farming #Food #FoodSecurity #GMO #Monsanto #Patent #iGlobenews

The final part of Luke Mohrhauser's discussion with Peter G. Jaques on the Iowa Ag Podcast is ready for your listening pleasure. This third part delves into the fascinating world of agriculture and intellectual property (IP). It explores the crucial role that IP plays, especially in the realm of seed technology.  Seed and Ag tech patents and China https://bit.ly/45ksAAN #ipmvs #intellectualpropertylaw #patentlaw #iowa #ip #iowaag

Did you know that plants can be patented?🌱✏️ "The law also provides for the granting of a patent to anyone inventing or discovering an asexually reproducing any distinct and new variety of plant. This includes cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber-propagated plant or a plant found in an uncultivated state." #plants #patents #intellectualproperty #innovation #patent #trademark #ip #intellectualpropertyrights #patentdrawings #designpatent #trademark #utiitypatent #invention

Chinese Academy of Agricultural Sciences recently published results of the analysis of the global competitiveness of institutions in the field of agro-processing technologies, #EPC is proud to be listed as No. 17 globally following Nestle as No.2. Notes: 1, Data Source The data in this issue is based on the patent disclosure data in the field of agriculture of 22 important agricultural countries in the world from 2016 to 2020 included in the global patent search database of Derwent Innovation, and the data set is constructed by using the International Patent Classification (IPC) in the field of agriculture and the Derwent handcrafted Code as search conditions to construct the dataset, and the search time is July 2021. 2,Data source of countries China, the United States, Germany, India, the United Kingdom, Australia, Brazil, Spain, Italy, Japan, France, South Korea, Canada, Poland, the Netherlands, Belgium, Mexico, Denmark, Switzerland, Sweden, Norway and Israel 22 countries. 3, Indicators of Analysis Institutional Patent Competitiveness Index: Including 5 analytical dimensions of patent output, patent quality, patent impact, patent protection and patent maintenance, and 7 secondary indicators (i.e., patent application volume, patent grant rate, PCT patent application share, average citation frequency, patent family size, average number of claims, and effective patent share).

Hola!!! LinkedIn Family…. 🌍 Excited to share that I had the incredible opportunity to participate in the International Seminar cum Workshop on Patent filing system and Examination in the Context of Bioproduct Development!!! 🚀 Thank you organisers for providing such wonderful platform to unleash rich and knowledgeable information. Andrew Pradeep Joseph Thatheyus Davamani Christopher Immanuel Suresh #patent #patentfiling #patentfilingsystem #Bioproduct #agriculturaladvancement #Innovation #creativity #internationalseminar #workshop #agriculture #sustainability #ecofriendly #environment #bio #linkedin #linkedinpost

Section 3(h) of Patents Act, 1970. In the field of argo-chemical inventions, 3(h) has been the proverbial "last man standing" in way of patenting of methods of treatment of plants, where such claims almost routinely get rejected. In a gem of a decision by the Calcutta High Court in Decco Worldwide Post Harvest Holdings B.V. vs The Controller of Patents & Designs (AID No. 11 of 2021) dated 19.05.2023, very interestingly (to me at least), the Appellant argued that "method of treatment of plants" falls under 3(i) (which allows patenting of treatment of plants) and not 3(h). Further, the Court also alluded to the fact that Controller had failed to explain why method of treatment of plants would fall within 3(h), which covers traditional methods of agriculture. However, the Court did not give an answer to this (missed opportunity I think!), which would have settled the matter for once and for all, and instead has lobbed the ball back to the IPO in this case. Fast forward to DHC in Mitsui Chemicals Inc v Controller of Patents (C.A.(COMM.IPD-PAT) 196/2022), in decision dated 23.2.2024, the Court, alluding to the above case, with respect to 3(h), highlights the lack of analysis/ scrutiny by the Controller as to what constitutes as "method of agriculture" or what innovation in the field of agriculture may not fall within 3(h). In this case also, the Court did not undertake the exercise of defining the contours of 3(h) and has punted it back to the IPO. But, it appears from both cases that Section 3(h) is no longer going to be the "last man standing" in the way of patenting of "method of treatment of plants" type claims. As for enforcement of such claims...against farmers? Lets not go there just yet! Comments welcome on this evolving direction of jurisprudence.

Patentable plants? This insight looks at recent European legislation and the grounds for pursuing patent protections in Canada for new genome techniques in plants. #BLGPublication #IPLaw

Patentable plants? This insight looks at recent European legislation and the grounds for pursuing patent protections in Canada for new genome techniques in plants. #BLGPublication #IPLaw

Good afternoon to you all I hope this email finds you well. NARO Agricultural Technology Promotion (ATP) is inviting you once again to the scheduled 35th Virtual Intellectual Property Advisory Session tomorrow ie Tuesday 12th - 03 - 2024, starting 10:00am. Topics to be discussed: Patents Disclosure in Patent Applications (Understanding the key elements for successful Patent applications.) We ask that you please share and circulate this link widely amongst your colleagues. And also, in case you have any particular areas of concern in regard to Intellectual Property, please reach out so that we can have them addressed. Join Zoom Meeting https://lnkd.in/ehTbCkCx Meeting ID: 939 3795 2846 Passcode: Nar23 Kind Regards Achola Theona Good morning to you all NARO Agricultural Technology Promotion (ATP) reminds you about the 35th Virtual IP Session happening TODAY Tuesday 12th - 03 - 2024 starting 10:00am (a few minutes from now) Topics to be discussed: Patents Disclosure in Patent Applications (Understanding this key element for successful Patent applications.) We ask that you please share and circulate this link widely amongst your colleagues. And also, in case you have any particular areas of concern in regard to Intellectual Property, please reach out so that we can have them addressed. Join Zoom Meeting https://lnkd.in/ehTbCkCx Meeting ID: 939 3795 2846 Passcode: Nar23 Kind Regards Achola Theona Show quoted text

Patentable plants? This insight looks at recent European legislation and the grounds for pursuing patent protections in Canada for new genome techniques in plants. #BLGPublication #IPLaw