Practical sheet | REF: FIC1646 V1

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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    9. Glossary

    Disclaimer

    An amendment to a claim which has the effect of introducing a technical feature into the claim, which normally excludes particular embodiments or fields from a general feature. According to EPO case law, to be acceptable, a disclaimer must have the effect of reducing the subject matter of the protection sought in relation to the original claim.

    Biological material

    Material containing genetic information which is self-replicating or reproducible in a biological system (Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions, art. 2, July 6, 1998). This definition is transposed into national law under article L. 611-10 4° CPI, and is mirrored in rule 26 (3) of the Implementing Regulations of the EPC 2000.

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