Good news for seed and plant breeding companies ?

Following a report about the European Biotech Directive (EU 98/44), the European Commission has adopted three recommendations, including:
=> it was always the intention (of the Directive) to exclude the patentability of  plants, vegetables, fruits etc. that are obtained by biological processes.

The European Patent Office (EPO) came to the opposite conclusion in how the Directive was to be interpreted - see G2/12 and G2/13.

It is unclear how the EPO will react to this - recommendations of the European Commission are not legally binding on the EPO. However, these arguments will certainly be used in any future invalidation proceedings.

We will be attending the Dutch Life Sciences Conference in Leiden on 24 Nov 2016

DeltaPatents has a stand (number 4) at the Dutch Life Sciences Conference in the ECC Leiden (next to the Holiday Inn). It is an event voor biotech, high-tech en med-tech companies to meet each other, find investors and also to learn something. Tanja la Cour, Romano Beitsma, Pete Pollard & Jolanda Pudelko will be present, so please drop by with your questions on patents, trade secrets or trade marks. Or visit us anytime at our office in the Poortgebouw of the Leiden Bio Science Park.