Guidelines for Examination:PART C: CHAPTER IV PATENTABILITY, 3. Exceptions to patentability, 3.4 Plant and animal varieties, processes for the production of plants or animals, 3.4.1 Plant varieties

Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
3. Exceptions to patentability
3.4 Plant and animal varieties, processes for the production of plants or animals
3.4.1 Plant varieties

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PART C
CHAPTER IV PATENTABILITY
3. Exceptions to patentability
3.4 Plant and animal varieties, processes for the production of plants or animals

3.4.2 Processes for the production of plants or animals

3.4.1

Plant varieties

The term "plant variety" is defined in Rule 23b(4). A patent is not to be granted if the claimed subject-matter is directed to a specific plant variety or specific plant varieties. However, if the invention concerns plants and animals and if the technical feasibility of the invention is not confined to a particular plant or animal variety, the invention is patentable (see IV, 2a.2).

Rule 23b(4)

Rule 23c(b)

When a claim to a process for the production of a plant variety is examined, Art. 64(2) is not to be taken into consideration (see G 1/98, OJ 3/2000, 111). Hence, a process claim for the production of a plant variety (or plant varieties) is not a priori excluded from patentability merely because the resulting product constitutes or may constitute a plant variety.