EPLAW PATENT BLOG

EPO – EPO issues statement on plant and animal patents

Posted: June 30th, 2017

EPO clarifies practice in the area of plant and animal patents, EPO Statement, 29 June 2017

“On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order to exclude from patentability plants and animals exclusively obtained by an essentially biological breeding process.

“The proposal from the EPO took account of a Notice of the European Commission from November 2016 related to certain articles in the EU Directive on biotechnological inventions (98/44/EC).

“This Directive was implemented in the EPO’s legal framework in 1999. The Directive excludes essentially biological processes from patentability but does not provide for a clear exclusion for plants or animals obtained from such processes. However, in its Notice the Commission clarified that it was the European legislator’s intention to exclude not only processes but also products obtained by such processes.”

The entire EPO statement can be read here.

Further update can be read here.

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