2020-05-22

Decision G3/19: EPO’s Enlarged Board of Appeal (EBA) overturns its previous decisions

14 May 2020 – Decision G3/19: EPO’s Enlarged Board of Appeal (EBA) overturns its previous decisions G2/12 (Tomato II) and G2/13 (Broccoli II) taking into account recent developments and confirms that the exception to patentability of Art. 53(b) EPC extends to plants or animals exclusively obtained by means of an essentially biological process. While the EBA thereby endorses Rule 28(2) EPC as introduced by the EPO’s Administrative Council on 29.06.2017, it does clarify that Rule 28(2) EPC does not apply to European patents granted before 1 July 2017 and European patent applications which were filed before that date and are still pending.