Can a plant invention be patented?
The living world: how to protect plant and animal inventions?

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FIC1646 V1 Practical sheet

Can a plant invention be patented?


The living world: how to protect plant and animal inventions?

Author : Virginie BRUNOT

Publication date: December 10, 2017 | Lire en français

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3. Can a plant invention be patented?

3.1 Principle

The article L. 611-19 du Code de la propriété intellectuelle excludes from patentability:

  • plant varieties as defined in Article 5 of the Community Plant Variety Rights Regulation;

  • essentially biological processes for obtaining plants using exclusively natural phenomena such as crossing or selection;

  • since the entry into force of the "biodiversity" law, "products obtained exclusively by essentially biological processes, including the elements that make up these products and the...

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