http://www.epo.org/news-issues/news/2019/20190205.html
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05 February 2019
Today, the EPO was informed that in case
T1063/18 regarding the patentability of plants a decision has been
issued by the competent Technical Board of Appeal. The written decision can be accessed on the website section of
the Boards of Appeals of the EPO.
The case is related to a decision by an Examining
Division of the EPO to refuse a European patent application related to pepper
plants on grounds that the invention could not be patented under Rule 28 (2)
EPC. The decision of the EPO to refuse the patent application was appealed by
the patent applicant.
The Technical Board of Appeal set the EPO’s decision
aside and remitted the case back to the patent examiners for further
consideration. The Technical Board of Appeal stated inter alia that Rule 28(2) EPC “could not be
interpreted in such a way that it was not in conflict in conflict” with Article
53(b) EPC as interpreted by the Enlarged Board of Appeal in decisions G 2/12
and G 2/13.
Further information