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29 March 2019
In the 159th meeting of the
Administrative Council, the representatives of the 38 EPO Contracting States
together with the European Patent Office discussed the need to find a solution
in the short term following the decision T 1063/18.
The Contracting States
expressed their concerns with regard to the legal uncertainty caused by
decision T 1063/18. The President of the EPO expressed his view that a
President’s referral of the case to the Enlarged Board of Appeal is
justified and necessary. The aim is to obtain an opinion from the Enlarged
Board of Appeal on the patentability of plants exclusively obtained by
essentially biological processes, hereby considering recent legal developments
(interpretations and statements of the European Commission, the EU Council,
European Parliament and EPO’s Administrative Council on the interpretation of
the European Patent Convention and the EU Bio-Directive, all of them concluding
that there should be no patentability in these cases).
The President’s proposal
received broad and overwhelming support from almost all Contracting
States. President António Campinos announced that the EPO will proceed
swiftly to submit the referral. The EPO endeavours to
restore legal certainty fully and speedily in the interest of the users of the
European patent system and the general public.
Further information