In the case of patents on biological materials, there is a double irony in that patents are being granted over biological materials and the traditional knowledge of the use of such materials. This prevents access by developing countries to such biological resources and knowledge, which originated largely in the developing countries themselves. Oh said the patent system was not an appropriate reward system for knowledge relating to biological materials. The patent system was designed to protect mechanical inventions, and makes the distinction between mere discoveries and inventions. It is clear that biological materials are naturally occurring and can only be discoveries, and not inventions.
Patents confer monopolies over patented subject matter.
In the cases of seeds and plant varieties, patents on such biological materials will have serious implications for agriculture and food security in the developing countries. The monopoly over biological resources and knowledge essential for agriculture, medicinal and other uses may be misappropriated and vest in individuals and corporations. She said that there are four categories of patents on life forms and processes which should be prohibited or banned. She added that at the WTO, the Africa Group of countries has already submitted a comprehensive proposal with the main point that the review process should clarify that plants and animals as well as microorganisms and all other living organisms and their parts cannot be patented, and that natural processes that produce plants, animals and other living organisms should also not be patentable. The Africa Group had also proposed that the protection of plant varieties should allow for protection of the innovations of indigenous and local farming communities in developing countries.