European Case Law Identifier: | ECLI:EP:BA:2020:G000319.20200514 | ||||||||
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Date of decision: | 14 May 2020 | ||||||||
Case number: | G 0003/19 | ||||||||
Application number: | - | ||||||||
IPC class: | - | ||||||||
Language of proceedings: | EN | ||||||||
Distribution: | A | ||||||||
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Title of application: | - | ||||||||
Applicant name: | - | ||||||||
Opponent name: | - | ||||||||
Board: | EBA | ||||||||
Headnote: | Taking into account developments after decisions G 2/12 and G 2/13 of the Enlarged Board of Appeal, the exception to patentability of essentially biological processes for the production of plants or animals in Article 53(b) EPC has a negative effect on the allowability of product claims and product-by-process claims directed to plants, plant material or animals, if the claimed product is exclusively obtained by means of an essentially biological process or if the claimed process features define an essentially biological process. This negative effect does not apply to European patents granted before 1 July 2017 and European patent applications which were filed before that date and are still pending. |
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Keywords: | referred point of law re-phrased  yes admissibility of referral by the President of the European Patent Office  yes, after re-phrasing uniform application of the law - yes point of law of fundamental importance - yes different decisions by two Boards of Appeal  yes application of Article 112(1)(b) EPC by analogy - no rules of interpretation hierachy of norms conflicting provisions - no of laws dynamic interpretation of Article 53(b) EPC  yes impact of Rule 28(2) EPC on interpretation of Article 53(b) EPC  yes exception to patentability of product claims or product-by-process claims directed to plants, plant material or animals, if the claimed product is exclusively obtained by means of an essentially biological process or if the claimed process features define an essentially biological process  yes applicability of the exception to European patents granted before 1 July 2017 and pending European patent applications filed before that day  no |
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Source: http://www.epo.org/law-practice/case-law-appeals/recent/g190003ex1.html
Date retrieved: 17 May 2021
72 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guidelines - F The European Patent Application
EPO Guidelines - G Patentability
XGL G II 5.4 Plant and animal varieties or essentially biological processes for the production of plants or animals
Offical Journal of the EPO
XOJ EPO SE 1/2021, p179 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2020)
XOJ EPO 2021, A6 - Notice from the European Patent Office dated 25 January 2021 concerning the updating of the Guidelines for Examination in the European Patent Office
XOJ EPO 2020, A79 - Notice from the European Patent Office dated 3 June 2020 concerning the resumption of proceedings following opinion G 3/19 of the Enlarged Board of Appeal