Dr Liam Lawlor and Dr Lisa Brown take a look at a recent decision of the EPO Technical Board of Appeal which found that the recently amended R.28(2) EPC is in conflict with the Enlarged Board’s interpretation of A.53(b) EPC in the G2/12 and G2/13 ‘Broccoli II’ and ‘Tomato II’ decisions. This is expected to have ramifications for the protection of plants at the EPO.
The European Patent Office recently held its eighth “Boards of Appeal and Key Decisions” conference. This annual conference provides a unique insight into developments within the Boards of Appeal and its case law. Here we summarize recent developments.