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ARTICLE · 03 JUNE 2020

G 3/19 - Tomatoes And Broccoli Now Overturned

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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In April 2019, a referral (G 3/19) was made to the Enlarged Board of Appeal (EBA) by the President following the decision of T 1063/18, concerning the patentability of inventions relating...

European UnionIntellectual Property
K. Victoria Barker, Ph.D.
K. Victoria Barker, Ph.D.
Maeve O’Flynn
Maeve O’Flynn
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In April 2019, a referral (G 3/19) was made to the Enlarged Board of Appeal (EBA) by the President following the decision of T 1063/18, concerning the patentability of inventions relating to plants and animals and the interpretation of Article 53(b) EPC in combination with Rule 28(2) EPC.

Under Article 53(b) EPC, European patents shall not be granted in respect of plant or animal varieties or essentially biological processes for the production of plants or animals. Rule 28(2) EPC provides that under Article 53(b) EPC, European patents shall not be granted in respect of plants or animals exclusively obtained by means of an essentially biological process. Rule 28(2) EPC was introduced by decision of the Administrative Council and came into force on 1 July 2017.

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