Board of Appeal decision on plant patentability published

5 February 2019

Today, the EPO was informed that in case T1063/18 regarding the patentability of plants a decision has been issued by the competent Technical Board of Appeal. The written decision can be accessed on the website section of the Boards of Appeals of the EPO.

The case is related to a decision by an Examining Division of the EPO to refuse a European patent application related to pepper plants on grounds that the invention could not be patented under Rule 28 (2) EPC. The decision of the EPO to refuse the patent application was appealed by the patent applicant.

The Technical Board of Appeal set the EPO's decision aside and remitted the case back to the patent examiners for further consideration. The Technical Board of Appeal stated inter alia that Rule 28(2) EPC "could not be interpreted in such a way that it was not in conflict" with Article 53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12 and G 2/13.

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