Non patentable inventions

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Non patentable inventions

  1. 1. Sec 3(j)
  2. 2.  Plants & animals in whole or any part thereof other than micro- organisms, but including seeds, varieties an d species and essentially biological process for production or propagation of plants & animals
  3. 3.  Plants & animals in whole Parts of plants & animals Seeds Varieties & species Essentially biological processes for propagation or production of the animals & plants
  4. 4. Examples  Clones and new varieties of plants  A process for production of plants or animals if it consists entirely of natural phenomena such as crossing or selection  Essentially biological Process
  5. 5.  It was excluded in light of the International Convention for the Protection of New Varieties of Plants (UPOV) 1961. Article 53(b) of European Patent Convention.
  6. 6.  A dispute related to plants, plant cells and seeds that possessed a foreign gene which made them resistant to a type of herbicide. Green peace objected to the application arguing, inter alia, that the material claimed was a plant variety and thus excluded by Article 53(b) of EPC.
  7. 7.  The central claim of the application in question was for a method for the production of broccoli (Brassica), this consisted of a number of steps traditionally used in breeding. Rejected the claim for that it is an essential biological process and as such it should be excluded from patent.
  8. 8.  In discussing the rationale for the animal variety exclusion, The Opposition Division at the EPO said that “ the most obvious reason for this must have been the intention or at least the keeping open of the possibility to create such a law for the protection of animal varieties later on.”

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