Some Processes For Plant Production Banned From Patentability In Europe 10/12/2010 by Intellectual Property Watch 1 Comment Share this:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window)The European Patent Office Enlarged Board of Appeal yesterday gave its decision on the so-called “broccoli” and “tomato” cases, and excluded “essentially biological processes for the production of plans (or animals)” from patentability. The Board concluded that “while technical devices or means, such as genetic markers, may themselves be patentable inventions, their use does not make an essentially biological process patentable.” Past IPW coverage here (IPW, Biodiversity/Genetic Resources/Biotech, 21 July 2010). Non-profit organisations the Berne Declaration and Swissaid praised the decision but said that the EPO was still granting patents on selected materials such as genetic sequences, on technical process and on genetically modified plants and animals. The Berne Declaration calls for a total ban on patents on plants, animals, food derived from plants or animals, and selection processes. Read the EPO press release here. Share this:Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)Click to print (Opens in new window) Related "Some Processes For Plant Production Banned From Patentability In Europe" by Intellectual Property Watch is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
[…] The board in December 2010 decided that “essentially biological processes for the production of plans (or animals)” are excluded from patentability (IPW, Biodiversity/Genetic Resources/Biotech,10 December 2010). […] Reply