The Chartered Institute of Patent Attorneys (CIPA) in the UK has harshly criticized the European Patent Office for its handling of the issue of patentability of plants. Last month it published a position paper in which it said measures proposed by the EPO to create clarity undermine legal certainty or are even unlawful. Kluwer IP Law…

The decision of the Administrative Council of the EPO to refer to the Enlarged Board of Appeal (EBA) decision T 1063/18 on the patentability of plants obtained by essentially biological processes has been criticized from various sides. A week ago, during the 159th meeting of the EPO Administrative Council, president António Campinos said his referral of…

The high-profile issue whether plants obtained by essentially biological processes can be patented will be referred to the Enlarged Board of Appeal (EBA) of the EPO. This has been decided during the 159th meeting of the Administrative Council earlier this week. According to an EPO press release, contracting states expressed their concerns with regard to…

The European Patent Office and representatives of the 38 Member States organised a meeting last week of the Committee on Patent Law to discuss next steps following decision T 1063/18 of an EPO Board of Appeal on plant patentability. Representatives of the European Commission were present as observer. In its landmark decision of 5 December 2018,…

The European Patent Office ‘will consider possible next actions’ together with the EPO Member States after a high-profile decision of a Board of Appeal earlier this week, concerning the patentability of plants. In case T 1063/18, the BoA decided that EPC Rules which were introduced by the EPO Administrative Council in 2017 to exclude plants…

Plants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability. The EPO Board of Appeal came to this remarkable decision earlier today in case T 1063/18. By Frits Michiels and Bart van Wezenbeek Those who thought that the…

For the first time, the European Patent Office has revoked a patent as a consequence of amended regulations which exclude plants and animals obtained by an essentially biological breeding process for patentability. The revocation, last month, concerned European patent number 1.597.965, covering a type of broccoli adapted to make harvesting easier. The patent was granted…

One of the points sometimes debated in patent cases is the date when a claim for patent infringement becomes “time-barred” (i.e. the date on which it “prescribes”). The traditional position adopted by the courts in countries like Germany and Spain is that in the case of continuing acts of infringement, the time-barred period (e.g. 5…