On 16 June 2026, the Socialists and Democrats (S&D) group in the European Parliament tabled five amendments to the second-reading recommendation on new genomic techniques (NGTs), aiming to restrict the scope and enforceability of patents on NGT-derived biological material. The amendments, authored by Christophe Clergeau, focus on protecting farmers and breeders from unintentional patent infringement rather than on safety or labelling of NGT plants.
The amendments propose three key changes. First, Amendment 2 would transform a voluntary code of conduct on patents into a mandatory code drawn up by the European Commission, requiring commitments on transparency and licensing. Second, Amendment 4 introduces a recital stating that patent protection should not extend to plant traits or genetic material that occur in nature or can be obtained through essentially biological processes, challenging the patentability of traits identical to natural ones but identified via NGTs. Third, Amendment 5 creates a new Article 4a that would exclude incidental or accidental presence of patented NGT genetic information in seeds, plants, and propagation material from patent protection, creating a legal safe harbour for farmers and breeders. It also places the burden of proof on the patent holder to show that the presence was not incidental.
These amendments, if adopted, would significantly rebalance the rights of patent holders against agricultural and breeding practices. Patent holders would face tighter restrictions on enforcing patents for naturally occurring traits and would bear the burden of proof in cases of trace contamination. Farmers and breeders would gain protection from infringement claims based on accidental presence, reducing legal uncertainty. The mandatory code of conduct would increase transparency obligations for patent licensing. The amendments are proposals still to be examined and voted in plenary; if approved, they would become part of the Parliament's position for negotiations with the Council. The S&D group is the sole author of this amendment set, and no other political groups have tabled competing amendments in this batch.