3. Can a plant invention be patented?
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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