BOARDS OF APPEAL
Information from the Enlarged Board of Appeal
Referrals by the President of the European Patent Office
On 28 July 1995, in accordance with Article 112(1)(b) EPC, the President of the European Patent Office referred the following point of law to the Enlarged Board of Appeal in order to ensure uniform application of the law:
Does a claim which relates to plants or animals but wherein specific plant or animal varieties are not individually claimed, contravene the prohibition on patenting in Article 53(b) EPC if it embraces plant or animal varieties?
The case is pending under Ref. No. G 3/95.