The Enlarged Board of Appeal (EBA) of the European Patent Office published opinion G 3/19 “Pepper” on Thursday, May 14, holding that plants and animals exclusively obtained by means of an essentially biological process are excluded from patentability. The opinion, which arose via a referral from the EPO President, also set out principles regarding the interpretation of the European Patent Convention (EPC) that could apply in other technical fields.
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- Other Barks & Bites for Friday, May 20: CAFC Remands No Case or Controversy Determination to Eastern Texas, Ninth Circuit Rules 2018 Farm Act Legalized Delta-8 THC Trademarks, and EU Commission Directs Member States to Codify Copyright Rules
- CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents
- Policy Shift Against SEP Rights Poses Risks for U.S. Innovation and Undermines Mandate of the ITC
- Mossoff-Barnett Comment on EU Commission’s Call for SEP Evidence Spotlights Misconceptions About FRAND Obligations
- LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach