T 0320/87 (Hybrid plants) of 10.11.1988
- European Case Law Identifier
- ECLI:EP:BA:1988:T032087.19881110
- Date of decision
- 10 November 1988
- Case number
- T 0320/87
- Petition for review of
- -
- Application number
- 81303287.7
- IPC class
- A01H 1/02
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Lubrizol
- Opponent name
- -
- Board
- 3.3.02
- Headnote
1. Whether or not a (non-microbiological) process is to be considered as "essentially biological" within the meaning of Article 53(b) EPC has to be judged on the basis of the essence of the invention taking into account the totality of human intervention and its impact on the result achieved (cf. point 6 of the reasons).
2. Hybrid seed and plants from such seed, lacking stability in some trait of the whole generation population, cannot be classified as plant varieties within the meaning of Article 53(b) EPC (cf. point 14 of the reasons).
- Relevant legal provisions
- European Patent Convention Art 53(b) 1973European Patent Convention Art 84 1973Strasbourg Convention Art 002(b)
- Keywords
- Essentially biological processes
Biological processes (essentially)
Plant variety
Hybrid plants
Product-by-process-claim, hybrid seeds or plants - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the Examining Division for further prosecution on the basis of Claims 1 to 25 as submitted during the oral proceedings.