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
3.4.2 Processes for the production of plants or animals
 

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PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
3. Exceptions to patentability3. Exceptions to patentability
3.4 Plant and animal varieties, processes for the production of plants or animals3.4 Plant and animal varieties, processes for the production of plants or animals
  3.4.1 Plant varieties3.4.1 Plant varieties       
 

3.4.2

Processes for the production of plants or animals

 

A process for the production of plants or animals is essentially biological if it consists entirely of natural phenomena such as crossing or selection. To take some examples, a method of crossing, inter-breeding, or selectively breeding, say, horses involving merely selecting for breeding and bringing together those animals having certain characteristics would be essentially biological and therefore unpatentable. On the other hand, a process of treating a plant or animal to improve its properties or yield or to promote or suppress its growth e.g. a method of pruning a tree, would not be essentially biological since although a biological process is involved the essence of the invention is technical; the same could apply to a method of treating a plant characterised by the application of a growth-stimulating substance or radiation. The treatment of soil by technical means to suppress or promote the growth of plants is also not excluded from patentability (see also IV, 4.2.1).

 

Rule 23b(5)