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New EPO Regulation

  • 06 November 2017
  • Articles

The amendment of the Regulation on the European Patent Convention (Rules 27 and 28) enters into force, in which plants and animals exclusively obtained by essentially biological processes (such as crossing and selection) are excluded from patentability.

This is an expected, yet very important change, since essentially biological processes for obtaining plants and animals were previously excluded from patentability, yet this was not the same for plants and animals exclusively obtained by said process. With this change, the EPO aligns itself with many national patent offices.

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New EPO Regulation