EPO Administrative council changed the regulations for patentability of plants and animals attained by biological breeding process. By using certain articles in the EU Directive on biotechnological inventions (98/44/EC) from November 2016, new regulations have been drafted and put it into force.

The Directive earlier rejected only the patentability of biological processes but it did not mention clear rejection about the products, plants or animals, attained from biological process. However, in its Notice, the European Commission clarified that it was the European legislator’s intention to exclude not only processes but also products obtained by such processes.

The plants or animals attained by biological process proceedings, examination and opposition cases are delayed from last November. So now according to the new change these cases are gradually resumed and are examined and the new provisions will apply with immediate effect starting on 1 July 2017.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)