Chapter V – Biotechnological inventions
16th edition: this version presents the text in force on 1 July 2020. |
Biotechnological inventions shall also be patentable if they concern:
(a) biological material which is isolated from its natural environment or produced by means of a technical process even if it previously occurred in nature;
(b)36 without prejudice to Rule 28, paragraph 2, plants or animals if the technical feasibility of the invention is not confined to a particular plant or animal variety;
(c)37 a microbiological or other technical process, or a product obtained by means of such a process other than a plant or animal variety.
36See decisions of the Enlarged Board of Appeal G 2/12, G 2/13 (Annex I).Amended by decision of the Administrative Council CA/D 6/17 of 29.06.2017 (OJ EPO 2017, A56), entered into force on 01.07.2017. See the decision of the Enlarged Board of Appeal G 3/19 (Annex I).
37See decisions of the Enlarged Board of Appeal G 2/07, G 1/08, G 3/19, G 2/12, G 2/13 (Annex I).
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13.12.2007 - 30.06.2017Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)01.07.2017 -CA/D 6/17 (OJ EPO 2017, A56)
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EPC EPC 1973 R. 27 R. 23c