OJ EPO SE 2/2021, p133 - ANNEX 3

Headnotes/catchwords[ 1 ] to 2020 decisions which have been published in the Official Journal

Case Number:

G 3/19, OJ EPO 2020, A119

Date of opinion:

14 May 2020



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.


[ 1 ] These headnotes/catchwords are published in Annex 3 in the language of the proceedings only.

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