On 25 March 2015, the Enlarged Board of Appeal of the European Patent Office (EBA) finally delivered its’ much awaited decisions on the consolidated referrals G2/12 (“Tomato II”) and G2/13 (“Broccoli II”). The EBA affirmed that products, namely plants or parts thereof, obtained by...

This article analyses the role that ‘ordre public’ and morality exceptions can play in the granting of patents on inventions in the field of human germline editing and the consequences of this policy option. In order to provide the context for such an analysis, the article will, first,...

This article explores how to apply patentability rules to human enhancement, particularly focusing on Article 53(c) of the European Patent Convention (EPC).The global size and value of the cosmetic and wellness market and industry allow for the prediction of considerable market potential for...

The present article is the conclusion of a review of economic justifications for patent rights conducted with the objective of determining whether such arguments are capable, per se, of sustaining the existence of a different patentability regime for inventions relating to methods for treatment...

This report is based on the material and input that was presented and discussed at the webinar with the title: “Perspectives on limitations to patentability”. The Webinar and the theme where introduced by Prof. Timo Minssen. Then Prof. Nari Lee gave a presentation introducing some of the...

Many questions concerning the UPC’s jurisdiction during the transitional period for European Patents under Article 83 UPCA remain unsolved. Focusing on the “opt in” and “opt out” choices under Article 83 (3) & (4), this paper discusses the legal nature and prerequisites of these...

Research and innovation are key pillars of the EU’s strategy to create sustainable growth and prosperity in Europe. Research infrastructures (RIs) are central instruments to implement this strategy. They bring together a wide diversity of expertise and interests to look for solutions to many...

The article discusses the recent U.S. Supreme Court decision in Bilski v. Kappos. While specifically applicable to the patentability of business methods, this seminal decision has consequences for determining patentable subject matter in various technologies. Focusing ultimately on Bilski's...