Can you patent a plant? What dandelion rubber reveals about IP law in the UK and EU

Abstract This article examines the patentability of plant-based innovations through the case of dandelion-derived rubber, a sustainable alternative to tropical rubber trees. The Russian dandelion (Taraxacum kok-saghyz) offers strategic and environmental benefits, prompting major investment by Continental AG and Goodyear in biotechnological processes to commercialize its latex. These developments raise critical questions about the scope of intellectual property protection in the UK, EU and USA. The analysis focuses on Directive 98/44/EC, the European Patent Convention (the Munich Convention) (Munich, 5 October 1973; 1065 UNTS 199) and the UK Patents Act 1977, highlighting the legal distinction between unpatentable natural discoveries and patentable technical interventions. It shows how companies secure rights over extraction methods and industrial compositions rather than the plant itself, while US law permits broader subject matter, including some plant varieties. The article also explores European Patent Office case law (G 2/07, G 1/08 and G 3/19) and the implications of Brexit for UK practice. Beyond doctrine, it considers policy debates on biodiversity, biopiracy and benefit-sharing under the Convention on Biological Diversity (the Biodiversity Convention; CBD) (Rio de Janeiro, 5 June 1992; 1760 UNTS 79), Nagoya Protocol and Agreement on Trade-Related Aspects of Intellectual Property Rights. The dandelion rubber example illustrates how IP law can incentivize green innovation while safeguarding the public domain, but it also exposes risks of portfolio-level enclosure that challenge sustainability and equitable access.