Inventions regarding a method of improving the yield of triploid seedless watermelons by pollination with a specific type of diploid water melon are not to be regarded as an essentially biological process for the production of plants and are therefore not excluded from patentability under Article 53(b) EPC. These biotechnological inventions according to Rule 26(2), (3) EPC are therefore in principle patentable under Article 52(1) EPC and Rule 27 EPC.

A full summary of this case has been published on Kluwer IP Law.


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