Patents, seeds and climate change: why access matters

A patent dispute concerning lettuce that could help crops cope with higher temperatures will come before the European Patent Office (EPO) Board of Appeal on 22 September. The case raises a wider question: how can we encourage innovation while ensuring that the seeds needed for the future of our food system remain accessible?

The patent, EP2966992, concerns lettuce whose seeds remain viable at higher temperatures. According to No Patents on Seeds!, the lettuce was developed through conventional breeding, by selecting plants with the desired characteristics from a large number of naturally occurring mutations, rather than through genetic engineering.

The EPO Opposition Division decided in December 2023 to uphold the patent. No Patents on Seeds! appealed the decision. The hearing will take place in Haar, near Munich, and is open to the public.

Seeds and climate change

The case comes at a time when climate change is creating new challenges for farmers and food producers. Crops that can cope better with heat, drought, pests or other changing conditions could become increasingly important.

This makes access to a wide range of seeds and plant varieties particularly relevant. The more options breeders and farmers have to work with, the greater the possibilities to develop crops that can adapt to changing conditions.

The question is therefore not only about one lettuce patent. It is also about how we can maintain diversity and resilience in Europe’s food system.

A wider European debate

The discussion is particularly timely as the European Union puts its new rules on New Genomic Techniques (NGTs) into practice. The new framework changes the rules governing certain NGT plants and includes provisions addressing patents, transparency and access to genetic material.

Euro Coop has previously raised concerns about the deregulation of NGTs and its potential impact on consumers, farmers, breeders and seed diversity. The implementation of the new rules will therefore be an important opportunity to ensure that innovation is developed alongside appropriate safeguards.

For Euro Coop, this means ensuring that the benefits of innovation do not come at the expense of biodiversity, transparency and fair access to seeds.

Why this matters to consumers

For consumer co-operatives, the issue goes beyond farming and technology.

The availability of diverse and resilient crops can affect the variety, availability and affordability of food. What happens at the beginning of the food chain can therefore have consequences for businesses and consumers further along the chain.

As Europe adapts its rules on plant breeding, it will be important to preserve meaningful choice across the food system — for farmers, businesses and ultimately consumers.

For Euro Coop, innovation should contribute to a resilient, diverse and sustainable food system, while ensuring that consumers can continue to benefit from choice and transparency.