Answer given by Ms Bieńkowska on behalf of the Commission
28.6.2016
1. Directive 98/44/EC on the legal protection of biotechnological inventions, which harmonises national patent laws regarding biotechnological inventions[1], states that plant varieties are not patentable. This principle also applies to essentially biological processes for the production of plants consisting entirely of crossing and selection.
The Enlarged Board of Appeal of the European Patent Office (EPO) has decided that plants and plant parts obtained by essentially biological processes are eligible for patent protection if the formal requirements for patentability are fulfilled[2]. The Commission is aware of breeders' concerns raised by these decisions.
2. The Commission has tasked the Biotech expert group[3] to provide it with legal and technical expertise on issues pertinent to the application of the directive[4] and it would be appropriate to await the group's findings on this sensitive matter.
- [1] The directive clarifies which inventions are patentable duly taking account of ethical or moral principles.
- [2] An invention has to be novel, involve an inventive step and have industrial applicability. In addition, the subject-matter must be regarded as patentable.
- [3] C(2012)7686 final of 7.11.2012.
- [4] A large number of the issues examined relate to plant inventions, including the relationship between patent law and plant variety rights.