Biotechnology: Is It Patentable?

Exclusion of biotechnological inventions from patentability – problems and solutions.

In 2014, biotechnology was one of the three technological fields in which patent applications filed at the European Patent Office (EPO) grew the fastest. An increase of 12.1% led to over 5,900 biotech patent filings. As these applications are substantially examined by the office for patentability, often problems with patentability are encountered. Some of these problems, as well as possible solutions, are discussed herein.

At the EPO, patents are not granted for plant or animal varieties, or "essentially biological processes for the production of plants or animals." The relevant provision of the law can lead to severe objections from the EPO's patent examiners. For example, in the past, the question arose whether the exclusion of essentially biological processes also precludes patents directed to plants or plant material such as fruit. This question is particularly relevant for a