navigating the patent maze

Several activist organizations are accusing Monsanto of having a patent on Nap Hal, a land race strain of wheat from India. The organizations also level a second accusation that the patent gives Monsanto rights over the use of Nap Hal to make chapatis, a traditional Indian bread. In an attempt to have the patent revoked, three NGO (non-governmental organizations) have filed formal opposition to the patent in the European Patent Office. (The Financial Express, 28 January 2004, from New Delhi India.)

The patent at issue, EP 445929 B1, is innocuously entitled “Plants”. In future posts, the claims of the European Patent will be analyzed according to principles of European patent law. Likewise, the claims of the NGOs will be analyzed against the patent claims. In this way, I hope to inject and spark some informed debate on the subject.