Patentability of Plants and Animals exclusively obtained by Essentially Biological Processes

|Gert Würtenberger| Article 53(b) of the European Patent Convention (EPC) excludes from patentability plants or animal varieties or essentially biological processes for the production of plants or animals. This exception, however, does not apply to microbiological processes or products thereof. In its decision G 2/12 (Broccoli II/Tomato II) the Enlarged Board of Appeal (EBA) of the EPO […]