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European Patent Office revokes Monsanto's soybean patent EP 301749 B1 in appeal proceedings

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Munich, Germany
May 3, 2007

At a hearing today, a Technical Board of Appeal of the European Patent Office (EPO) revoked patent EP 301749 B1, owned by Monsanto Company, for the genetic modification of soybean plants. The Board accepted the view of the appellants - Syngenta and the environmental organisation ETC - that the invention lacked novelty. The patent had previously been maintained in amended form by an EPO Opposition Division in May 2003. The case then went to appeal.

The patent had been granted by the EPO in March 1994 to Agracetus, which was subsequently taken over by Monsanto. In its original form, it described a process for genetically engineering plants, especially soybean plants. The patent protection was valid for 13 of the current 32 member states of the European Patent Organisation.

The Technical Board of Appeal announced that the reasons for its decision would be published as soon as possible.

Source: http://www.epo.org/about-us/press/releases/archive/2007/070503.html

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