EN

EPO stays all proceedings in which the invention is a plant or animal obtained by an essentially biological process

The EPO European Patent Office has decided to stay all proceedings in examination and opposition cases in which the invention is a plant or animal obtained by an essentially biological process.

In its practice the EPO applies the EU Biopatent Directive (98/44/EC), which was introduced into the European Patent Convention by decision of the EPO member states in 1999 and which has no explicit provision in relation with plants or animals obtained from essentially biological processes. Should the EPO member states follow the interpretation offered by the European Commission in its notice of November 3, 2016 that plants and animals derived from essentially biological processes should not be considered patentable, the EPO will implement their decision (Notice from the EPO dated December 12, 2016).

A previous newsletter on “Plant Patent Protection and Plant Variety Protection - Two Independent IP Rights?” published September 11, 2015 can be found in the news section of our website.

Weitere Beiträge von Dr. Raphael Bösl

The “Druckexemplar” determines the extend of protection conferred by a European patent

Dr. Raphael Bösl

Restoration of the Right of Priority under the PCT – different “Criterion for Restoration” before the USPTO and the EPO

Dr. Raphael Bösl

License Fees for a Compulsory License – Isentress II – German Federal Patent Court

Dr. Raphael Bösl

Follow-up: Preliminary Injunction confirmed by the German Federal Supreme Court in a Compulsory License Proceedings concerning a Medicament against AIDS

Dr. Raphael Bösl

Preliminary Injunction confirmed by the German Federal Supreme Court in a Compulsory License Proceedings concerning a Medicament against AIDS

Dr. Raphael Bösl

EPO clarifies practice in the area of plant and animal patents

Dr. Raphael Bösl

EPO stays all proceedings in which the invention is a plant or animal obtained by an essentially biological process

Dr. Raphael Bösl

Communication from the Chairmen of the UPC Preparatory Committee and the EPO Select Committee dealing with the Unitary Patent of July 1, 2016

Dr. Raphael Bösl

Functional Features – Essential Features: A New Perspective under Article 84 EPC

Dr. Raphael Bösl

Plant Patent Protection and Plant Variety Protection – Two Independent IP Rights?

Dr. Raphael Bösl

A pitfall to supplement information incorporated by reference under the EPC

Dr. Raphael Bösl

EPO: claims directed to the use of a product produced by a process

Dr. Raphael Bösl

Enlarged Board of Appeal of the EPO decided on Clarity – expected decision now issued (G 3/14)

Dr. Raphael Bösl

Deautomation is not per se Inventive – an Exemption from the Rule under the EPC

Dr. Raphael Bösl

Four Step Approach in Determining Sufficiency of Disclosure of a Parameter under the EPC

Dr. Raphael Bösl

Refocus on the Interpretation of “Undue Burden” for the Determination of the Scope of Protection under the EPC

Dr. Raphael Bösl

Functional Definition of Compounds in Use Claims – Different Decisions in Germany and “Europe”

Dr. Raphael Bösl