We've just had tomatoes and broccoli [on which see last week's Katpost by David, here], and now it's the turn of red radishes [this Kat's favourite is the white radish: for more information on radishes, click here]. From Rita Prins of Cresco BV comes the following episode from The Hague where, this Kat can confirm, it's not just the human rights of European Patent Office employees that come under scrutiny but real patents too. This is what Rita tells the Kats:
You can read the decision on the merits, in Dutch, here.
These proceedings began in 2011 when Taste of Nature accused Cresco of infringing patent EP 1 290 938 for red radish sprouts. The patent describes a plant that can exclusively be bred by using essential biological processes (which are excluded from patentability under Article 53(b) of the European Patent Convention).
Cresco was initially successful in resisting an application for interim injunctive relief, arguing that a plant that can only be bred using an essential biological process should also be excluded from patentability. The Court of Appeal decided otherwise and ordered Cresco to stop producing and selling the red radish sprouts. The latest decision, on the merits, has however gone in favour of Cresco.
This Kat would appreciate some clarification as to why the decision on the merits was based on lack of novelty rather than on the ground of non-patentable subject matter. Can anyone give further information, please?
Why and how cats and radishes should be kept apart here and here
Slugs and radishes here
Heartburn and radishes here