According to Rule 28 of the European Patent Convention (EPC) Implementing Regulations (IR),

(1)

Under Article 53(a) of the European Patent Convention (EPC) , European patents shall not be granted in respect of biotechnological inventions which, in particular, concern the following:

(a)

processes for cloning human beings; 

(b)

processes for modifying the germ line genetic identity of human beings; 

(c)

uses of human embryos for industrial or commercial purposes; 

(d)

processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes. 

(2)

Under Article 53(b) of the EPC , European patents shall not be granted in respect of plants or animals exclusively obtained by means of an essentially biological process.

Prepared by European Patent Registration and Consulting Services
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