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non-technical processes

Patentability of plants after T 1063/18: «Now we have the Salad»

Fachbeitrag
While Art. 53(b) European Patent Convention (EPC) clearly excludes essentially biological processes for the production of plants and animals from patentability, it is currently a highly controversial issue whether plants which are obtained by such a process are also excluded from patentability. The Enlarged Board of Appeal held in the well-known “Tomato I” (G 1/08) and “Broccoli I” (G 2/07) decisions that genetically modified plants are indeed patentable under the EPC.
sic! 7-8/2019