\n8. Juli 2022 <\/b>\n<\/p>\n
\nA delegation of European Patent Office (EPO) led by Vice-President
\nfor International and Legal Affairs, Christoph Ernst, recently held two
\nmeetings with representatives of the EuroSeeds Association and of the No
\nPatents On Seeds coalition to discuss the Office’s practice in the field of plant-related
\ninventions and the laws that govern it.\n<\/p>\n
\nFollowing a rule change on 1 July 2017, the EPO has adapted its
\npatenting practice and does not grant patents for animals, plants or plant
\nparts obtained exclusively by means of essentially biological processes. In
\n2020, the EPO’s highest judicial authority, the Enlarged Board of Appeal, stated
\nthat this new rule cannot have a retroactive effect for applications filed
\nbefore or oppositions on patents granted before its entry into force, i.e. 1
\nJuly 2017. In line with the Board’s opinion, the EPO continues to grant patents
\nfor European patent applications filed before 1 July 2017 relating to animals,
\nplants and plant parts obtained exclusively by essentially biological
\nprocesses.\n<\/p>\n
\nFor applications filed after 1 July 2017, the EPO will either
\nrefuse patents on such living matter obtained by essentially biological methods;
\nor will ensure with a „disclaimer“ that the protected subject-matter does not
\nextend to plants obtained by essentially biological processes.\n<\/p>\n
\nThe EPO’s law and practice are also in line with the EU Directive
\n98\/44\/EC on the Legal Protection of Biotechnological Inventions that was taken
\nover into the EPC in 1999. Both the EPC and the Directive stipulate that plants
\nproduced by technical methods such as genetic engineering are patentable.\n<\/p>\n
\nBeyond information provided to its member
\nstates and EU bodies such as the European Commission and the Community Plant
\nVariety Office, the EPO regularly holds exchanges with stakeholder groups such
\nas NGOs and representatives of the plant breeding sector. As an international public
\nservice organisation, the EPO is committed to an open, constructive dialogue
\nwith patent system users and to sharing information on its work with all
\ninterested parties.<\/p>\n","protected":false},"excerpt":{"rendered":"
8. Juli 2022 A delegation of European Patent Office (EPO) led by Vice-President for International and Legal Affairs, Christoph Ernst, recently held two meetings with representatives of the EuroSeeds Association and of the No Patents On …<\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"close","ping_status":"open","template":"","meta":{"footnotes":""},"nachrichtenkategorien":[130],"class_list":["post-32348","nachricht","type-nachricht","status-publish","hentry","nachrichtenkategorie-epa"],"yoast_head":"\n