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EPO member states discuss patentability of plants obtained by essentially biological processes

20 February 2019

In the meeting of the Committee on Patent Law, the Office and the representatives of the 38 EPO Contracting States, together with the European Commission as observer, had a first exchange of views on possible next steps following the recent decision T 1063/18 of an EPO Board of Appeal on plant patentability. The Committee addressed different potential options for the way forward and particularly supported measures to obtain an opinion from the Enlarged Board of Appeal on the matter. The need for legal certainty in the interest of the users of the European patent system and the general public was strongly underlined in the debate. Discussions will continue with the intention to find a solution in the short term.

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