The US company INARI filed an international patent application (WO2023250505) claiming the use of DNA variants that are present in all plant species and regulate gene activity. This patent is based on a combination of new genetic engineering techniques (NGTs) and artificial intelligence (AI). It highlights how combining NGTs with AI is poised to open up a new ‘Pandora’s box’ in regard to risks associated with NGT plants, which will require very robust GMO regulation.
INARI is known for its use of AI in combination with NGTs and its aggressive policy of filing patents on plants. Their recently filed international patent application, WO2023250505, does not claim any defined trait or specific plant species, but rather the use of an unlimited number of DNA sequences decisive for gene regulation in all plant species. The company is thus attempting to control access to genetic information which is relevant for all breeders.
In this context, AI is being used to screen plant genomes in databases for small regulatory units and their functions. This genetic information is then used to train the AI to identify the most interesting genetic variants for plant breeding. The INARI patent claims all plants obtained from this method, regardless of whether they are genetically engineered or not.
Granting this patent would not mean that the company could control all plant breeding. However, hundreds of patents on plants and seeds are being filed every year. At some point in the future, companies with the financial resources to apply for a large number of patents will take control of plant breeding in Europe. At the same time, traditional breeders will be squeezed out of the market or become entirely dependent on licence contracts.
In order to protect the interests of traditional breeders and the public, Testbiotech and other organisations are proposing that the patent protection of plants is strictly limited to plants obtained from genetic engineering processes. This could be achieved by clarifying EU law. In contrast, the prohibition of patents on NGT plants would require an international conference at the level of the European Patent Convention. However, neither the European Commission nor the Polish Presidency are planning to introduce effective measures to restrict or contain the abuse of patent law in plant breeding.
There is an additional crucial aspect in this patent application: INARI plans to apply NGTs to induce additional changes in the regulatory DNA sequences. The company wants to use AI to develop the new genetic variants. As shown in a recent Testbiotech backgrounder, this approach can result in NGT plants with traits that go far beyond what is known from conventional breeding. Therefore, health and environmental risk assessments are essential before these products are brought to market. At present, the European Commission and the current Polish Presidency are planning to allow market access for most NGT plants without mandatory risk assessment.
Contact:
Christoph Then, info@testbiotech.org, Tel + 49 151 54638040
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