The Technical Board of Appeal of the European Patent Office Refers Questions to the Enlarged Board of Appeal

In a Decision of July 9, 2013 (T 00 83/05; G 2/13) the Technical Board of Appeal has referred several questions concerning the exclusion of essentially biological processes from patent protection to the enlarged Board of Appeal, namely: whether the exclusion of essentially biological processes for the production of plants in Article 53 b) EPC can have a negative effect on the allowablity of a product claim directed to plants or plant material such as plant parts. In particular, the enlarged Board of Appeal shall decide whether a product by process claim is allowable if its process features define an essentially biological process and/or if a claim directed to plants or plant material is effected if the only method available at the filing date is an essentially biological process.