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IRINA P. PHOTOGRAPHER / SHUTTERSTOCK.COM
16 June 2015BiotechAlbrecht von Menges

Plant patentability: The scope of exclusion provisions

In March 2015 the Enlarged Board of Appeal of the European Patent Office (EPO) issued the second decisions in the so-called Broccoli and Tomato cases (G2/13 and G2/12). The two decisions are largely identical and clarify that the EPO can continue to grant patents containing product claims directed to plants and plant material other than a plant variety.

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