ABSTRACT
This chapter argues that many people were of the opinion that biotechnology, plant biotechnology and especially the invention of Plant Genetic Systems and Biogen would benefit the third world. It shows that the exclusions under Art. 53 should only be applied in very extreme cases, as was the case law at that time in the European Patent Office. The chapter explores the public a new set of genes that can be useful. With regard to the survey that was cited by Greenpeace, the Swedish farmers survey. The chapter argues that the survey was not concerned with the particular invention at stake in this patent, but related to biotechnology in general and — most importantly — that it did not represent the opinion of the European public in general. It indicates that a European patent can only be obtained when the invention is published, thus informing the public on the invention and ensuring adequate control on the exploitation of the invention.
