Frisina & Smith, LLC

Last month, the European Patent Office (EPO) Enlarged Board of Appeals issued its ruling in what has been commonly referred to as the “broccoli”[i] and tomato”[ii] cases.  These cases, issued in joint and identical opinions, revolve around the interpretation of European Patent Convention (EPC) Article 53(b), which states in part, “European patents shall not be granted in respect of: (b) plant or animal varieties or essentially biological processes for the production of plants or animals.”[iii]  Read the remainder of this entry »