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Fruitful outcome for patentees in the latest ‘Broccoli’ and ‘Tomato’ cases

The recently-issued Enlarged Board of Appeal (EBA) decisions on two related referrals – “Tomatoes II” (G2/12) and “Broccoli II” (G3/12) – clarify that the exclusion from patentability of essentially biological processes for the production of plants does not extend to product claims directed to the corresponding plants or plant material....

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