European Patent Office (EPO) president António Campinos has submitted questions to the Enlarged Board of Appeal related to the patentability of plants related to conventional breeding.The president’s questions comes after a EPO Administrative Council meeting where a Board of Appeal ruling in the revocation of a pepper plant was discussed.
Campinos’ questions to the Board of Appeal ask it to clarify the applicable legal framework. Patents covering conventionally bred plants and animals are prohibited by rule 28(2) for the interpretation of the European Patent Convention (EPC).