Patent-eligibility of Plants in Europe
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چکیده
The patent-eligibility of plants has been unsettled at the European Patent Office for some 20 years. Article 53(b) EPC prohibits the patenting of plant varieties and essentially biological processes for the production of plants. When other requirements such as novelty and inventive step are met, this causes few problems for transgenic plants modified by biotechnological methods, but it has been increasingly an issue for inventions pertaining to “classically” bred ones. Several decisions of the EPO’s Enlarged Board of Appeal have however helped to clarify what claims are available in this area.
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