EPO stays all proceedings 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.