| European Case Law Identifier: | ECLI:EP:BA:1999:G000198.19991220 | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Date of decision: | 20 December 1999 | ||||||||
| Case number: | G 0001/98 | ||||||||
| Referral: | T 1054/96 | ||||||||
| Application number: | 91810144.5 | ||||||||
| IPC class: | A01N 63/00 | ||||||||
| Language of proceedings: | EN | ||||||||
| Distribution: | A | ||||||||
| Download and more information: |
|
||||||||
| Title of application: | Anti-pathogenically effective compositions comprising lytic peptides and hydrolytic enzymes | ||||||||
| Applicant name: | Novartis AG | ||||||||
| Opponent name: | - | ||||||||
| Board: | EBA | ||||||||
| Headnote: | I. 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. II. When a claim to a process for the production of a plant variety is examined, Article 64(2) EPC is not to be taken into consideration. III. The exception to patentability in Article 53(b), 1st half-sentence, EPC applies to plant varieties irrespective of the way in which they were produced. Therefore, plant varieties containing genes introduced into an ancestral plant by recombinant gene technology are excluded from patentability. |
||||||||
| Relevant legal provisions: |
|
||||||||
| Keywords: | Claims comprising but not identifying plant varieties Plant varieties as products of recombinant gene technology Article 64(2) EPC not relevant for examination of product claims |
||||||||
| Catchwords: |
- |
||||||||
| Cited decisions: |
|
||||||||
| Citing decisions: | |||||||||
Source: http://www.epo.org/law-practice/case-law-appeals/recent/g980001ex1.html
Date retrieved: 17 May 2021
64 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
EPO Guidelines - H Amendments and Corrections
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 SE 1/2020, p174 - Annex 1 - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2019)
XOJ EPO SE 1/2019, p158 - XVI. - Index of published decisions of the boards of appeal and the Enlarged Board of Appeal - (as at 31 December 2018)