Updates to New Genomic Technology regulations irrelevant to IP say experts
The European Patent Office (EPO) has announced that patent applications for gene-edited and gene-modified organisms will continue to be examined under existing rules, despite EU Commission proposals that are expected to introduce separate regulations to cover the commercial applications of these technologies.
The new legislation will create a distinction between crop varieties developed using different ’new genomic techniques’ (NGTs) that allow scientists to alter the genetic material of an organism. In the early stages of this technology, concerns around possible side effects or consequences of these altered genes led to stringent regulatory procedures that many organisations have since argued are overly restrictive and unfit for purpose. Under the proposed new rules, gene-edited crops, which contain changes to existing DNA within the organism and, crucially, could be obtained via conventional breeding methods, will face far lighter regulation the genetically modified crops which contain additional genes foreign to the organism. This proposal has been welcomed by many researchers and organisations across the EU who are eager to see Europe brought into line with the other parts of the world.