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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Can a plant invention be patented?
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Bibliography
Also in our database
Bibliography
Joanna Schmidt-Szalewski – Caroline Rodà, Répertoire de droit européen, Brevet, 2014 (update: 2017), Dalloz.
The patentability of living matter, B. Orès, F. Paris,...
Regulations
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Code de la propriété intellectuelle
articles L. 611-10, L. 611-16, L. 611-17, L. 611-18
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