Does the ILP Vegetable include process patents?
The intention is to safeguard access under patents that are covering breeding and/or commercialisation regardless of whether they are worded as product patents or process patents; this because for example patents that primarily focus on a process may also limit access to biological material. So that’s why the ILP Vegetable does not refer to trait patents or process patents as such.
For the avoidance of doubt, the Standard License Agreement does not provide the licensee with the right to apply a certain technology unless it concerns generic methods and processes of breeding and of seed production and/or a technical step of random mutagenesis.