News / 2020

Exceptions to patentability in the opinion of the Enlarged Board of Appeal of the EPO in the Pepper case (WTS Legal Report No. 9/2020)

On May 14, 2020 the Enlarged Board of Appeal of the European Patent Office issued its opinion in the case G 3/19 (Pepper).

The highest judicial authority established by the Convention on the Grant of European Patents (EPC) resolved that plant or animal varieties exclusively obtained by means of an essentially biological process are not patentable. Undoubtedly, it is an opinion of a great importance, supported by a very interesting and nuanced legal argumentation, which — what is particularly significant — runs contrary to the already existing caselaw.

In this issue of WTS Legal Report we would like to offer you a brief recap of how did we get to this turning point, and afterwards we would like to familiarize you with key aspects of the latest opinion.

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