Articles

Tomatoes II (G 0002/12) and Broccoli II (G 0002/13): European Patent Office’s decisions

Tomatoes II (G 0002/12) and Broccoli II (G 0002/13): European Patent Office’s decisions

Tomatoes II (G 0002/12) and Broccoli II (G 0002/13): European Patent Office’s decisions

27.03.2015 BE law

The Enlarged Board of Appeal of the European Patent Office has taken two decisions this Wednesday (25 March 2015) highly anticipated by the agrochemical industry in the case Tomatoes II (G 0002/12) and Broccoli II (G 0002/13).

Also available in Dutch and French.

The Board held that a patent application for a plant or plant material (such as a part of a plant or fruit) – not limited to a plant variety – could not be refused on the ground that this plant or that plant material would (only) come from an essentially biological process.  

Under article 53 b) of the European Patent Convention an essentially biological process is namely not patentable. A patent application for a product can only be examined on the basis of conditions for this class of inventions and not by taking into account considerations related to process patents.

These two decisions raise some of the uncertainty that prevailed for more than a decade as to the object of patents on plants in favor of patent applicants.

 

Team

Related news

20.03.2020 EU law
Philippe Campolini authored the Belgian chapter of EPO's country-by-country overview on patent enforcement in Europe

Articles - In the interests of promoting harmonisation and knowledge exchange in patent enforcement and litigation practices, the European Patent Academy, together with authors from all over Europe, has compiled a book to offer a comprehensive reference and guide to the measures available to protect patent rights across the 38 EPC contracting states as well as the relevant national procedures to enforce them.

Read more

24.10.2019 BE law
Virtual Currency Regulation Law Review - Belgian chapter

Articles - The second edition of the Virtual Currency Regulation Law Review is intended to provide a practical, business-focused analysis of recent legal and regulatory changes and developments, and of their effects, and to look forward at expected trends in the area of virtual currencies on a country-by-country basis.

Read more

This website uses cookies. Some of these cookies are essential for the technical functioning of our website and you cannot disable these cookies if you want to read our website. We also use functional cookies to ensure the website functions properly and analytical cookies to personalise content and to analyse our traffic. You can either accept or refuse these functional and analytical cookies.

Privacy – en cookieverklaring