The European Commission has recently adopted a notice clarifying certain articles of Directive 98/44 on the protection of biotechnical inventions. The Directive focuses on patenting in the biotech industry. The notice states that products created through essential biological processes should be excluded from patentability. Furthermore, it calls for more analysis of compulsory cross-licensing between plant variety rights and patenting. The Commission also expands on how the Directive ensures that there is enough fair access to patented material of biological origin. Although a Commission Notice is not legally binding, its aim is to provide more clarity on the issue for the biotech, plant and animal breeding sectors.
The full text of the notice is available here.