Quis custodet custodes? Referral G-3/19 before the EPO Enlarged Board of Appeal and the imperative of challenging the board's interpretation of Art. 53(b) EPC Universiteit Gent
The European Patent Office Enlarged Board of Appeal was asked in April 2019 to answer two questions regarding the exclusions from patentability under Art. 53 European Patent Convention (EPC), the dominant patent law in Europe. The first related to the manner in which EPC Articles should be interpreted, and the second to whether Art. 53 EPC excluded plants and animals that are the products of the excluded "essentially biological processes." Since ...