Oral proceedings to be held in the "Broccoli" and "Tomatoes" cases

3 février 2010

Désolé. Actuellement, cette page n'existe pas en français.

The Enlarged Board of Appeal of the EPO (EBoA), whose primary task is to clarify important points of law under the EPC, will hold public oral proceedings in cases G2/07  ("Broccoli") and G1/08 ("Tomatoes") on 20 and 21 July 2010 in Munich. The EBoA has consolidated these two cases in view of the similarity of the points referred.

Case G2/07 stems from an appeal in opposition proceedings in the case of European patent No. 1 069 819 (T 83/05), where the opposition division decided that the patent could be maintained in an amended form, whereas the opponents had requested that the patent be revoked in its entirety. The patent is owned by Plant Bioscience Limited and was opposed by Syngenta Participations AG and Groupe Limagrain Holding.

The case G1/08 stems from an appeal in opposition proceedings against European patent No. 1 211 926 (appeal T 1242/06). The patent is owned by the State of Israel (Ministry of Agriculture) and was opposed by Unilever N.V. The opposition division decided that the patent could be maintained in an amended form, whereas the opponent had requested that the patent be revoked in its entirety.

Both cases are concerned with the exclusion of essentially biological processes for the production of plants under Article 53 (b) EPC. A Technical Board of Appeal has referred questions to the EBoA relating to the degree and nature of human technical intervention, which is necessary for that provision not to apply.  

At the oral proceedings, the EBoA will hear the patentee, the opponents and the President of the EPO. As past experience shows the decisions on the referred points of law will likely not be pronounced at the end of the oral proceedings, but will be handed down in writing afterwards. The actual appeal cases will then be decided upon on this basis by the Technical Boards of Appeal in charge of them.

The oral proceedings take place, beginning at 09.30 hrs on 20 and 21 July 2010 in room 102 of the European Patent Office, Erhardtstrasse 27, 80469 Munich.

Further information

• European patent No. 1 069 819
• European patent No. 1 211 926
• Appeals: Enlarged Board of Appeal
• Grant procedure: Oral proceedings calendar
• News of 28 March 2008: The "Broccoli" case: facts, dates and submissions