Response on the Patenting of Plants in Europe

This paper (from March 2019) has been shared with the UK Intellectual Property Office to advise them of CIPA’s position on the options for resolving current conflicts.

The conflicts include:

• Rule 28(2) of the Implementing Regulations of the EPC; and
• the judicial interpretation of Article 53(b) EPC by the Boards of Appeal of the EPO.