16 October 2013BiotechMargreet van Heuvel and Bart Swinkels
Salad days: tomatoes, broccoli and radish patents
Under the European Patent Convention (EPC), patent protection is in principle available to inventions in all areas of technology, including agriculture and horticulture. However, Article 53(b) EPC excludes from patent protection “plant and animal varieties and essentially biological processes for the production of plants and animals”. How this provision is to be interpreted has been the subject of much debate over the years.
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