20160513 Patent tomato SyngentaThe opposition denounces that Syngenta's patent is about a cross between tomatoes originating in Peru and Chile with varieties currently grown in industrialized countries..

This May a record number of 65.000 people from 30 countries and 32 organizations have supported their opposition presented to the European Patent Office, for the approval of Syngenta of a tomato discovered in South America grown by traditional methods.

The tomato was approved as an “invention” in August 2015 with patent EP1515600, which also describes an “expression of flavonoids in tomato production and domestication methods”. This allows the Swiss agrochemical company Syngenta power over all plants with the aforementioned characteristics., seeds and even fruits and foods derived from them.

According to María Carrascosa, representative of the Seed Network Association, “this so-called 'invention', However, It is simply a crossing of tomatoes originating from Peru and Chile with varieties currently grown in industrialized countries.”.

According to François Meienbergm, who participated in the opposition declaration, The tomatoes were discovered in those countries “before seed samples were brought to the United States and preserved.”. From there Syngenta had access to the seeds and later proclaimed that the subsequent cultivation is its 'invention'. “The countries of origin are practically robbed of their biological treasures.”, added in the document delivered in Switzerland to the European Patent Office (OEP), the past 12 may.

“This patent represents hidden biopiracy”, concluded Meienbergm. While, the opposition coalition warns that the members of the EPO, on the other hand, have so far refused to agree to a meeting with the opponents, as requested.

“These patents endanger the future of plant breeding”, declared Ulrike Behrendt, professional tomato farmer. “The patent does not meet the requirements to claim to be an invention, but simply describes the existing characteristics of the plants. Future plant breeding and plant breeders will be negatively affected by such patent monopolies.”.

The following is described in Syngenta's patent registration:: “The present invention includes non-transgenic tomato plants that express domesticated flavonols in the flesh and peel of the tomato fruit., and includes the seeds and fruits of those plants. The method of the invention includes testing in tomato plants for the expression of one or more of the flavonol biosynthesis genes in the flesh and/or "CHI" expression in the peel.. The method of the invention includes the selection of wild tomato species that express "CHI" in the fruit peel., and/or one or more genes of the flavonol biosynthesis pathway in meat, and introgression the genetic factors responsible for this expression of wild tomato species in a tomato plant domesticated using traditional cultivation techniques.".

On the impact of the opposition, Jörg Rohwedder, of the European Campaign Network “WeMove”, he explained: “Our opposition shows that European citizens no longer want big companies to control their food through patent rights.. We have to stop these patents now”.

However, the EPO has already granted about 180 patents on plants derived from conventional breeding and there are about 1400 pending patent applications, according to figures given by Global Agriculture.

Like this, in january 2016, patent EP1962578 for traditionally grown melons was revoked from Monsanto, thanks to the support of the Government of India that claimed their rights. The association 'No to patents on seeds', opposition leader, explained that the multinational was claiming a natural resistance of plants to a virus as its own invention.

The patent had been granted by the EPO, despite the fact that European patent law does not allow patents on plant varieties and processes for conventional breeding.

“The Indian government supported the opposition of ‘No to patents on seeds!’, by sending a letter requesting that the patent be revoked. The letter was sent to the EPO just one day before the hearing.

Basically the patent application constitutes an act of biopiracy – violating Indian law and international treaties.”, he said 20 January, Christoph Then, member of the organization “No to patents on seeds!”.