Tuesday, November 22, 2016

Good news for seed and plant breeding companies ?

Following a report about the European Biotech Directive (EU 98/44), the European Commission has adopted three recommendations, including:
=> it was always the intention (of the Directive) to exclude the patentability of  plants, vegetables, fruits etc. that are obtained by biological processes.

The European Patent Office (EPO) came to the opposite conclusion in how the Directive was to be interpreted - see G2/12 and G2/13.

It is unclear how the EPO will react to this - recommendations of the European Commission are not legally binding on the EPO. However, these arguments will certainly be used in any future invalidation proceedings.

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