See ISPE Guidelines 9.06. However, under the Agreement between the EPO and WIPO these fall within the EPO's discretion to exclude matter which would be excluded under Art. 53(b) EPC. Generally, no search or preliminary examination is carried out on such matter by the EPO as ISA/IPEA. Section GL/EPO G‑II, 5.4 and subsections, in the Guidelines for Examination in the EPO applies mutatis mutandis.[Rule 39.1(ii); Rule 67.1(ii); OJ EPO 2017, A115; OJ EPO 2018, A24; ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/g_ii_5_4.htm
Date retrieved: 17 May 2021
9 references found.
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EPO Guidelines - G Patentability
XGL G II 5.4 Plant and animal varieties or essentially biological processes for the production of plants or animals