In a specialist article, Kerstin Wolff analyzes the current state of EU regulation on new genomic techniques (NGTs). In February 2024, the European Parliament proposed exempting certain NGT plants (NGT 1) from strict GMO rules, while also banning all patenting of such plants and their components. The goal was to avoid dependencies and legal uncertainty for farmers and breeders.
The proposed patent ban met with strong criticism from industry groups and contradicts the established practice of the European Patent Office (EPO), which generally considers NGT plants to be patentable.
In March 2025, the Council of the EU, under the Polish presidency, agreed on an alternative approach without a patent ban: Instead, applicants seeking NGT 1 status must declare whether patents exist and, if so, which ones. This information is to be recorded in a public database. Mandatory labeling was removed, and national cultivation bans will only be permitted in specific organic farming areas.
Trilogue negotiations between the Parliament, Council, and Commission have been ongoing since May 2025. While the Parliament continues to push for a patent ban, a final agreement in line with the Council’s position appears likely—especially in light of the changed political majority following the 2024 European elections.
