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+++Important Notice from the European Patent Office on the legal protection of biotechnological inventions+++

On 3 November 2016 the European Commission adopted a notice on certain articles of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions.

The notice sets out the Commission's view on the intention of the EU legislator when adopting the Directive. With regard to the patentability of plants and animals obtained by means of essentially biological processes, the Commission is of the opinion that in accordance with the EU legislator's intention such plants and animals are not patentable under the Directive.

The President of the EPO has decided that, in view of the potential impact of the Commission Notice, all proceedings before EPO examining and opposition divisions in which the decision depends entirely on the patentability of a plant or an animal obtained by an essentially biological process will be stayed ex officio. This concerns cases in which the subject-matter of the invention is a plant or animal obtained by an essentially biological process for the production of plants or animals. Search proceedings will not be affected.

If proceedings suspended, the examining or opposition division concerned will inform the parties accordingly. At the same time, it will withdraw any communications in which time limits had been set, and will not dispatch further communications for fixing time limits until the resumption of proceedings.

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