In a long awaited landmark decision in consolidated referrals G2/12 and G2/13, commonly known as Tomato II and Broccoli II, the Enlarged Board of Appeal of the European Patent Office on March 26, 2015 once again commented on the patentability of plants. Both referrals were concerned with the question of whether the exclusion of essentially biological processes for the production of plants under Article 53 (b) EPC spills over to the patentability of plants or plant material. The board has now decided that the exclusion of essentially biological processes for the production plants does not have a negative effect on the patentability of product claims directed to plants or plant material. In particular, the board considers this also to be true for product-by-process claims, even if the process used to define the claimed product is an essentially biological process that is excluded from patentability under Article 53(b) EPC. Likewise, the fact that the only method available at the filing date for generating the claimed subject matter is an essentially biological process for the production of plants disclosed in the patent application does not render a claim directed to plants or plant material unallowable. As already determined by the Enlarged Board of Appeal in earlier decision G 1/98, plant varieties as such are still excluded from patentability, whereas a broader product claim, whose subject matter only encompasses plant varieties, is generally allowable. After a long time of uncertainty, the decision in G2/12 and G2/13 finally brings clarity to applicants in the area of green biotechnology and ensures that also in the future patent protection can be obtained for inventions in this area.