patent law?
The European Biotechnology Directive is intended to clarify and
harmonise laws relating to biotechnology inventions.
The EPO has also fully implemented directive into the EPC. Article
53(b) states that “European patents shall not be granted in respect
of plant or animals varieties or essentially biological processes for
the production of plants or animals; this provision does not apply to
microbiological processes or products thereof.”
Harvard/Oncomouse, as there is no clear definition of a an ‘animal
variety’, but a transgenic animal like the oncomouse is not one. It
was held that mammals and rodents constitute a taxonomic
classification unit higher than animal variety / race animale/Teirart
and are therefore not excluded.
Article 53(a): Plant Genetic Systems which went through a
controversial decision that genetically engineered plants are not
patentable.But in Norvatis, the Enlarged Board held that a claim
wherein specific plant varieties are not individually claimed is not
excluded from patentability under Article 53(b) EPC even though it
may embrace plant varieties. This decision put an end to the
questions on plant variety.
Nothing on this site constitutes legal advice, an offer, an offer to treat or a legal relationship.
Always check with your IP consultant.
