|European Case Law Identifier:||ECLI:EP:BA:2015:G000212.20150325|
|Date of decision:||25 March 2015|
|Case number:||G 0002/12|
|Referral:||T 1242/06, T 1242/06|
|IPC class:||A01H 5/10|
|Language of proceedings:||EN|
|Download and more information:||
|Title of application:||Method for breeding tomatoes having reduced water content and product of the method|
|Applicant name:||State of Israel - Ministry of Agriculture|
|Opponent name:||Unilever N.V.|
|Relevant legal provisions:||
|Keywords:||admissibility of referrals by the board of appeal - yes
point of law of fundamental importance - yes
effect of Article 53(b) EPC on the allowability of a product claim or a product-by-process claim directed to plants or plant material
essentially biological process for the production of plants
interpretation of exclusion from patentability
rules of interpretation
dynamic interpretation - no
legal erosion of the exception to patentability - no
1. The exclusion of essentially biological processes for the production of plants in Article 53(b) EPC does not have a negative effect on the allowability of a product claim directed to plants or plant material such as a fruit.
2. In particular, the fact that the only method available at the filing date for generating the claimed subject-matter is an essentially biological process for the production of plants disclosed in the patent application does not render a claim directed to plants or plant material other than a plant variety unallowable.
3. In the circumstances, it is of no relevance that the protection conferred by the product claim encompasses the generation of the claimed product by means of an essentially biological process for the production of plants excluded as such under ArticleÂ 53(b) EPC.
Date retrieved: 30 December 2018