Law & Policy

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Policy

European Court Rules Hybrid Mushrooms Can Be Patented

European Court Rules Hybrid Mushrooms Can Be Patented

What they found

The Unified Patent Court ruled a hybrid mushroom can be patented under the European Patent Convention because fungi are not plants.

The Unified Patent Court ruled a hybrid mushroom can be patented under the European Patent Convention because fungi are not plants.

How solid is it?

n/a

n/a

Not a study

Not a study

Evidence ladder: Lab dish → Animal → Early human → Strong human. Reviews summarize earlier research.

At a glance

Latin name

Published in

International Journal of Business and Systems Research

International Journal of Business and Systems Research

Covered in Shroom Scan

Section

ECOLOGY & CONSERVATION

ECOLOGY & CONSERVATION

As it ran in Shroom Scan

The World of Mushroom Patents

The World of Mushroom Patents

In a recent ruling, the Hague Local Division of the Unified Patent Court decided that a hybrid mushroom can be patented under the European Patent Convention, as mushrooms are considered fungi, not plants. This decision contrasts with earlier European Patent Office opposition and raises questions about how plant variety protection laws apply to fungi, something we’re seeing stateside when it comes to supplement language and the FDA.

In a recent ruling, the Hague Local Division of the Unified Patent Court decided that a hybrid mushroom can be patented under the European Patent Convention, as mushrooms are considered fungi, not plants. This decision contrasts with earlier European Patent Office opposition and raises questions about how plant variety protection laws apply to fungi, something we’re seeing stateside when it comes to supplement language and the FDA.

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