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EBA backs plant patents in tomatoes and broccoli cases

James Nurton, London

A seven-person panel of the EPO’s Enlarged Board of Appeal has upheld the patentability of plants and plant material in two long-awaited decisions published on March 25

TomatoesG 2/12 (Tomatoes II) concerned a method for breeding tomatoes having reduced water content and product of the method. It was filed by Israel’s Ministry of Agriculture and opposed by Unilever.

G 2/13 (Broccoli II) concerned a method...

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