A Norfolk-based research centre recently won a legal battle with the European Patent Office in order to obtain a patent for a new variety of broccoli.
The Beneforté broccoli, as it is now known, was created by Professor Richard Mithen while he was conducting research and working at the John Innes Centre in the 1990s.
Research indicates that the new Beneforté variety of broccoli contains high levels of glucoraphanin, a substance that has been shown to help reduce the risk of heart disease (and generally improving cardiovascular health), and even some cancers.
The research centre’s patent for the new vegetable was only awarded following a legal case with the European Patent Office (EPO), which had been going on for several years.
Whether or not plants like broccoli could be patented under European law, because they are created via a biological process, was the main sticking point.
However, it was eventually decided that plants made by scientific research through what are essentially biological processes should not be excluded from patentability.
Professor Dale Sanders, the Director of the John Innes Centre, said: “This decision will help scientists attract the investment needed to make their innovations available to consumers.”
The research centre has successfully overcome the legal battles associated with the new broccoli, which is now available for purchase from supermarkets in the UK, Europe and USA.