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No Patents On Seeds

Decision on the precedent cases of broccoli and tomato (G2 / 12 and G2 /13)

The Enlarged Board of Appeal of the European Patent Office (EPO) decided on the precedent cases of broccoli and tomato (G2 / 12 and G2 /13). The EPO made clear that plants and animals stemming from conventional breeding can be patented. On the other hand, patent law prohibits patents on processes for breeding, such as crossing and selection. This quite illogical decision was a long awaited outcome of a precedent case upon patentability of plants and animals derived from conventional breeding.

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application/pdf iconDecision of The Enlarged Board of Appeal