G 3/19 - Plants by biological process not patentable

" The Enlarged Board of Appeal of the European Patent Office adopted a dynamic interpretation of the exception to patentability under Article 53(b) of the European Patent Convention (EPC) and held that the non-patentability of essentially biological processes for the production of plants or animals also extends to plant or animal products that are exclusively obtained by means of an essentially biological process." 

" In order to ensure legal certainty and to protect the legitimate interests of patent proprietors and applicants, the Enlarged Board ruled that the new interpretation of Article 53(b) EPC given in G 3/19 had no retroactive effect on European patents containing such claims which were granted before 1 July 2017, or on pending European patent applications seeking protection for such claims which were filed before that date." 

EPO - News item

Decision:
https://www.epo.org/law-practice/case-law-appeals/recent/g190003ex1.html




The EPO President has now also reacted: ‘I strongly welcome the opinion of the Enlarged Board of Appeal. It will bring greater legal certainty for patent applicants, and the general public, on what is a sensitive and complex issue that has legal, societal and economic implications.'

"The Office will act in accordance with the clarifications provided in the Enlarged Board's opinion and implement them in its examination practice in close consultation with stakeholders."
https://www.epo.org/news-events/news/2020/20200514a.html