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F&E Patent

EPO clarifies practice in the area of plant and animal patents

After the decisions G2/12 and G2/13 the practice of the EPO was to allow patent protection for plants, part of plants and fruits of plants obtained by an essetially biological process from transgenically modified organisms. This practice have been overcome. Starting from July 1, 2017 the EPO doesn't allow no more such protection, due to the intention of the European legislator concernicg Art. 53(b) EPC.

With immediate effect starting on July 1, 2017 the EPO will adapt the practice concerning plants and animals obtained by an essentially biological process to the intention underlying Art. 53(b) EPC. From this date on no patent will be granted for plant (part)s, fruits or animals wich are descendants of transgenically engineered organisms, obtained themselves by an essentially biological process (by crossing or breeding).

Patent applications still pending as well as opposition procedures will be treated accordingly.

(Dr. Barbara Engels)