EPO Enlarged Board of Appeal Rules on Plant-Patentability in Broccoli II and Tomatoes II Decision

On 25th March 2015, the Enlarged Board of Appeal at the EPO released its decision on the so-called Broccoli II (G2/13) and Tomatoes II (G2/12) cases, both of which relate to the patentability of plants and plant matter under Article 53(b) EPC. The Tomato II case relates to a “method for breeding tomatoes having reduced water content and product of the method”, with the Broccoli II case involving a “method for selective increase of the anticarcinogenic glucosinolates in brassica species”.

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