EPO Technical Board of Appeal considers Plants produced by Essentially Biological Process are in fact Patentable
December 2018
In an appeal from an Examining Division decision, the Board of Appeal stated that the recently introduced R.28(2) EPC is in conflict with A.53(b) EPC as interpreted in both the Enlarged Board decisions G2/12 and G2/13 (“broccoli II” and “tomatoes II”).
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