Patent on barley and beer upheld

Germany | The European Patent Office (EPO) has rejected a joint appeal filed by NGOs against a patent on barley owned by Carlsberg (EP2373154). This was reported on 8 June 2021. The Board of Appeal will publish its reasons for the judgement at a later stage.

The patent, which was put in about seven years ago, covers a non-GMO (chemical mutation) bred barley variety, its harvest and the beer produced thereof. Carlsberg claims the variety will produce beer for which it is more efficient to control the level of the undesirable flavour dimethyl sulphide (DMS, 'sweetcorn flavour'). The plaintiff, No Patents on Seeds!, an NGO, is concerned that such patents will have a serious negative impact, as these might also be granted for vegetables, fruits and other food plants.

The NGOs admitted a setback. “There will be even more patents on barley and beer in the future,” said spokesman Christoph Then. Together with its appeal to ban patents on brewing barley, the conservationists had asked the European Patent Office to also refuse patent protection to traditionally grown plants.

Several German and Austrian brewers had supported the initiative.