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EPO changes rules relating to patentability of plants and animals obtained by essentially biological processes

 
EPO changes rules relating to patentability of plants and animals obtained by essentially biological processes

30 June 2017

The EPO has decided to amend the patents rules to exclude plants and animals obtained exclusively by an essentially biological breeding process from patentability.  In recent years, the Boards of Appeal of the EPO have considered the exclusion of essentially biological processes for the production of plants and animals, in the Broccoli and Tomatoes decisions.  Those decisions clarified what was meant by an essentially biological process, and concluded that the exclusion from patentability related to the process itself, but not the products of that process.  The Administrative Council have now decided that the law will be changed so that plants and animals produced by these essentially biological processes are also excluded.

More information is available here.