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G3/19 Hierarchy of provisions in the EPC - Follow-up of Decision T1063/18 relating to Rule 28(2) EPC

G3/19 Hierarchy of provisions in the EPC - Follow-up of Decision T1063/18 relating to Rule 28(2) EPC

G3/19 Hierarchy of provisions in the EPC - Follow-up of Decision T1063/18 relating to Rule 28(2) EPC - The T1063/18 case (see our February 2019 IP Alert), refers to patentability of plants and in particular to the conflict of Article 53(b) EPC and Rule 28(2) EPC. The Board of Appeals decided : “Since Rule 28(2) EPC excludes plants or animals exclusively obtained by means of an essentially biological process from patentability, its meaning is in conflict with the meaning of Article 53(b) EPC as interpreted by the EBA.”

Decision "Drahtloses Kommunikationsnetz"  (Wireless communication network) of  the German Federal Supreme Court (BGH X ZR 14/17) - Public availability of internet publications
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