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Patentability of Biological Material
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4 publications

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

Philippe BESSIERE, French & European Patent Attorney
BESSIERE_SEARCH.jpg 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

Plant Patentability - Bis Repetita !

By Philippe BESSIERE, French and European Patent Attorney
BESSIERE_SEARCH_2013.jpg Second referral to the Enlarged Board of Appeal and Mandatory suspension of pending proceedings.
Published on: 25th Jan 2014

G2/07 - How EPO's Enlarged Board of Appeal interpretes the expression "essentially biological process" under A.53(B) EPC

By Franck TETAZ, Partner, and Lucile VERNOUX, European Patent Attorney, Cabinet REGIMBEAU
The question of the patentability of plants was a struggle of the last century.
Published on: 14th Jun 2011

Case G 2/07 : Coming soon, an interpretation of the expression « Essentially biological process» by the EPO's Enlarged Board of Appeal

By Franck TETAZ, Partner, Cabinet REGIMBEAU And Lucile VERNOUX, IP Engineer, Cabinet REGIMBEAU
v5671- Lucille VERNOUX.jpg Decision G 1/98, later taken up in the “biotechnologies” directive, validated the patentability of plants produced through genetic engineering and their preparation processes when they are not limited....
Published on: 1st Feb 2008