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Exceptions to patentability

February - 2019

In decision T1063/18 rendered on 05/12/2018, the Board of Appeal asserted that Rule 28(2) EPC, that was introduced into EPC following decisions G2/12 and G2/13 of the Enlarged Board of Appeal and was intended to ensure consistency between the Biotech Directive and the EPC should not prevail over Article 53(b) EPC, at least as long as the CJEU has decided on the matter.