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The EPO and the "milk cow" patent

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

In case you were wondering what the "German language only" EPO press release of 3 March 2010 date is telling you concerning EP 1330552 ("marker assisted selection of bovine for improved milk production using diacylglycerol acyltransferase gene DGAT1" - a patent which claims processes for breeding cows that give more milk or milk including altered constituents) here is the IPKat's quick summary.

After an oral hearing that was held at the EPO on 2 March 2010 in opposition proceedings that were brought by Greenpeace Germany and the society of German milk farmers (Bundesverband deutscher Milchviehzüchter) against this particular patent, the EPO today tells us that it has decided in favour of the patent's proprietors. The patent still stands. In particular, the EPO's opposition division found that there was no sufficient proof that the patented invention caused the cows "pain without any significant medical use for humans or animals" as argued by the opponents.

If German media is to be believed (which covers this topic widely) then Greenpeace e.V. might decide to file an appeal against this decision.

Full post as published by IPKat on March 04, 2010 (boomark / email).