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Home > Publications > Search for a publication > Article

G3/19: Products exclusively obtained by an essentially biological method finally excluded from patentability

Philippe BESSIERE, French & European Patent Attorney

G3/19 concerns a referral to the Enlarged Board of Appeal by the President of the European Patent Office (EPO) following decision T1063/18 (Pepper) by a Board of Appeal which concluded that Rule 28 (2) EPC, prohibiting the grant of a European patent for plants obtained exclusively by an essentially biological process, was in conflict with the previous interpretation of Article 53 (c) EPC by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13 (Brocoli / Tomato).

Published on: 3rd Jun 2020

Patent

Patentability of Biological Material

Plant Breeding

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