European patent - Patentable biotechnological inventions

According to European Patent Convention (EPC) Implementing Regulations (IR),

"Biotechnological inventions" are inventions which concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. 


According to Rule 27 of the European Patent Convention (EPC) Implementing Regulations (IR),


Biotechnological inventions shall also be patentable if they concern: 


biological material which is isolated from its natural environment or produced by means of a technical process even if it previously occurred in nature; 


without prejudice to Rule 28, paragraph 2 of the EPC IR (regulating exceptions of patentability ) , plants or animals if the technical feasibility of the invention is not confined to a particular plant or animal variety;


a microbiological or other technical process, or a product obtained by means of such a process other than a plant or animal variety. 


Prepared by European Patent Registration and Consulting Services
prov. by. Lawyers Antevski member of ARI INTERNATIONAL Law & Trade