The Dutch court in The Hague has rejected PlantLab's patent on indoor farming yesterday. After a lengthy lawsuit, the patent was finally declared invalid due to a lack of inventiveness. The ruling is a victory for Certhon, which has been battling the indoor farming patent for years.
The long-lasting court case is about the patent on indoor farming filed by PlantLab years ago. It concerns a method of growing plants in a fully or partly closed environment with the help of supplemental lighting and in which the root zone temperature of the plant is controlled. The patent has been fought and discussed broadly in the industry over the last years.
In a new ruling, the Dutch court dismissed the patent. Continuing, they stated Certhon is or has not been infringing the Dutch patent, nor the European one that was invoked by PlantLab more recently. "This ruling gives the market undisputed clarity about the current intellectual property", the team of Certhon responds today, which happens to be the day of the festive opening of their Innovation Centre.
European Patent Office
Of course PlantLab doesn't share in the joy. The ruling came as a surprise to the company, Marcel Kers explains. "It conflicts with the ruling of the European Patent Office last year. The Dutch Court annuls the patent, while the EPO has declared the European patent valid for the Netherlands as well. The market will not benefit from this confusing situation."
Other patents
Currently an appeal is running on the European patent. "We are confident about that as well", Certhon states - something that goes for PlantLab as well. In the meantime, they are considering a possible appeal against the Dutch ruling.