This webinar will focus on the notion and interface between these intellectual property rights, in accordance with the interpretation of the EPO Enlarged Board of Appeal. The speaker will explain the exception to patentability of essentially biological processes and plant varieties, as enshrined in Article 53(b) EPC. In this context, the main milestones in the case law history of the European Patent Office (EPO) concerning the cited exception will be mentioned, with a focus on the latest Opinion G 3/19 of the Enlarged Board of Appeal of the EPO.
Learning objectives :
Introduction the Community (EU) Plant Variety Rights system, and the European Patent system
Subject matter of protection under a Plant Variety Rights and patents.
The exception to patentability of essentially biological processes and of plant varieties
Case law saga of the EPO on Article 53(b) EPC, with a focus on Opinion G 3/19 of the Enlarged Board of Appeal of the EPO