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EPO rules out plant breeding patents

Simon Crompton, London

The EPO’s Enlarged Board of Appeal yesterday clearly decided that the process of crossing plants or animals cannot be patented. But questions remain over the patentability of plants themselves

The Enlarged Board was answering three questions referred by the Technical Board of Appeal on when a process for producing plants or animals is a technical, patentable one and when it is "essentially biological".

It answered that the process of...

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