The Board of Appeal decided that the invention was not sufficiently disclosed, as no seeds had been deposited and a skilled person could not obtain the claimed plants on the basis of the information in the application. More specifically, it was not possible for the skilled person to ascertain what the parental strain “Capsicum annuum NM 1441” actually is, and there was no evidence that this was publicly available at the priority date.

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


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law

The 2021 Future Ready Lawyer survey showed that 81% of the law firms expect to view technology as an important investment in their future ability to thrive. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF