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11 July 2017Biotechnology

EPO reopens proceedings on plant and animal patentability

The European Patent Office (EPO) has reopened cases in which the decision depends entirely on the patentability of plants or animals obtained by an essentially biological process.

It follows a June 29 decision by the EPO’s supervisory body, the Administrative Council, to exclude such plants and animals from patentability.

The council decided to amend rules 27 and 28 of the European Patent Convention following a proposal submitted by the office.

The ruling entered into force on July 1, and two days later the EPO announced that relevant proceedings had resumed.

According to the office, the amended articles apply to European patent applications filed on or after July 1, as well as to applications and patents pending at that time.

The EU’s biotech directive defines an essentially biological process as consisting entirely of natural phenomena such as crossing and selection.

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