Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP]

This report provides the first comprehensive patent landscape analysis of inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and related Digital Sequence information (DSI) / Genetic Sequence Data (GSD). It examines how patents—especially those claiming naturally occurring (...

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Autores principales: Chiarolla, Claudio, Kock, Michael A, Oldham, Paul, Halewood, Michael, Lopez Noriega, Isabel, Kindness, Jasmine
Formato: Informe técnico
Lenguaje:Inglés
Publicado: 2025
Materias:
Acceso en línea:https://hdl.handle.net/10568/178047
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author Chiarolla, Claudio
Kock, Michael A
Oldham, Paul
Halewood, Michael
Lopez Noriega, Isabel
Kindness, Jasmine
author_browse Chiarolla, Claudio
Halewood, Michael
Kindness, Jasmine
Kock, Michael A
Lopez Noriega, Isabel
Oldham, Paul
author_facet Chiarolla, Claudio
Kock, Michael A
Oldham, Paul
Halewood, Michael
Lopez Noriega, Isabel
Kindness, Jasmine
author_sort Chiarolla, Claudio
collection Repository of Agricultural Research Outputs (CGSpace)
description This report provides the first comprehensive patent landscape analysis of inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and related Digital Sequence information (DSI) / Genetic Sequence Data (GSD). It examines how patents—especially those claiming naturally occurring (“native”) traits—may restrict subsequent research, breeding, and utilization of PGRFA. The study aims to support policy deliberations under the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty) in the lead up to the adoption of a comprehensive package of measures to enhance the functionality of the Multilateral System (MLS) of Access and Benefit Sharing at the Eleventh Session of the Governing Body. We identified 399 patent documents (first filings)—representing a relatively small percentage of the overall global patent activity as captured through the most relevant PGRFA indicators—that have the potential to limit the use of PGRFA materials from which these inventions were derived in further research and breeding. Based on the analysis of the claims in these patent families, we identified twelve types of claims that have medium to high potential to affect the relevant restrictions. However, we were unable to assess the extent to which materials from the Multilateral System (MLS) of the FAO Plant Treaty were used in the development of these patented inventions. The current legal and technical features of the data architecture of the international patent system do not make it possible to assess how many patents have been applied and/or granted for inventions that incorporate, or are based on, PGRFA materials from the MLS. We identify options that Contracting Parties to the Treaty could consider in order to address the issues raised in this report, including means to ensure ‘findable’ disclosures of MLS materials in patent filings, and suggest further analysis and/or guidelines, to be developed by the Technical Advisory Group on the MLS and Standard Material Transfer Agreement (SMTA), to address the relationship of different types of patent claims to Treaty Article 12.3(d), which provides that: “Recipients shall not claim any intellectual property or other rights that limit the facilitated access to [PGRFA], or their genetic parts or components, in the form received from the Multilateral System.”
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spelling CGSpace1780472025-11-26T02:03:50Z Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP] Chiarolla, Claudio Kock, Michael A Oldham, Paul Halewood, Michael Lopez Noriega, Isabel Kindness, Jasmine genomics plant genetic resources digital agriculture breeding policy analysis standard material transfer agreements-smta patents This report provides the first comprehensive patent landscape analysis of inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and related Digital Sequence information (DSI) / Genetic Sequence Data (GSD). It examines how patents—especially those claiming naturally occurring (“native”) traits—may restrict subsequent research, breeding, and utilization of PGRFA. The study aims to support policy deliberations under the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty) in the lead up to the adoption of a comprehensive package of measures to enhance the functionality of the Multilateral System (MLS) of Access and Benefit Sharing at the Eleventh Session of the Governing Body. We identified 399 patent documents (first filings)—representing a relatively small percentage of the overall global patent activity as captured through the most relevant PGRFA indicators—that have the potential to limit the use of PGRFA materials from which these inventions were derived in further research and breeding. Based on the analysis of the claims in these patent families, we identified twelve types of claims that have medium to high potential to affect the relevant restrictions. However, we were unable to assess the extent to which materials from the Multilateral System (MLS) of the FAO Plant Treaty were used in the development of these patented inventions. The current legal and technical features of the data architecture of the international patent system do not make it possible to assess how many patents have been applied and/or granted for inventions that incorporate, or are based on, PGRFA materials from the MLS. We identify options that Contracting Parties to the Treaty could consider in order to address the issues raised in this report, including means to ensure ‘findable’ disclosures of MLS materials in patent filings, and suggest further analysis and/or guidelines, to be developed by the Technical Advisory Group on the MLS and Standard Material Transfer Agreement (SMTA), to address the relationship of different types of patent claims to Treaty Article 12.3(d), which provides that: “Recipients shall not claim any intellectual property or other rights that limit the facilitated access to [PGRFA], or their genetic parts or components, in the form received from the Multilateral System.” 2025-11 2025-11-20T15:07:50Z 2025-11-20T15:07:50Z Report https://hdl.handle.net/10568/178047 en Open Access application/pdf application/pdf application/pdf Chiarolla, C.; Kock, M.A.; Oldham, P.; Halewood, M.; Lopez Noriega, I.; Kindness, J. (2025) Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary. [ENG/FR/SP] 7 p.
spellingShingle genomics
plant genetic resources
digital agriculture
breeding
policy analysis
standard material transfer agreements-smta
patents
Chiarolla, Claudio
Kock, Michael A
Oldham, Paul
Halewood, Michael
Lopez Noriega, Isabel
Kindness, Jasmine
Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP]
title Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP]
title_full Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP]
title_fullStr Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP]
title_full_unstemmed Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP]
title_short Patent landscape report on inventions based on Plant Genetic Resources for Food and Agriculture (PGRFA) and Related Digital Sequence Information Genetic Sequence Data (DSI/GSD). Executive summary [ENG/FR/SP]
title_sort patent landscape report on inventions based on plant genetic resources for food and agriculture pgrfa and related digital sequence information genetic sequence data dsi gsd executive summary eng fr sp
topic genomics
plant genetic resources
digital agriculture
breeding
policy analysis
standard material transfer agreements-smta
patents
url https://hdl.handle.net/10568/178047
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