lsipr-oct-13-page-36
16 October 2013BiotechMargreet van Heuvel and Bart Swinkels

Salad days: tomatoes, broccoli and radish patents

Under the European Patent Convention (EPC), patent protection is in principle available to inventions in all areas of technology, including agriculture and horticulture. However, Article 53(b) EPC excludes from patent protection “plant and animal varieties and essentially biological processes for the production of plants and animals”. How this provision is to be interpreted has been the subject of much debate over the years.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Biotech
16 September 2026   BMS is stepping up its defence of its blockbuster cancer drug Opdivo as Amgen moves closer to the biosimilar market.
Biotech
15 September 2026   Grail is facing a patent infringement lawsuit over its Galleri cancer detection test, as Clinical Genomics seeks to enforce its intellectual property while no longer being commercially operational.
Biotech
3 September 2026   Turnaround for 10x after Federal Circuit setback as Delaware jury finds Qiagen-owned Parse infringed three patents covering single-cell sequencing technology.