The appeal proceedings by Monsanto to Syngenta’s and Greenpeace’s opposition of the US company’s European patent has recently come to a close. The patent has been maintained in the amended form. The patents concerns the production of genetically modified herbicide-resistant plants. The Decision is final although revocation proceedings in national courts may be initiated. The opponents had argued the non-patentability of the process on the basis of the fact that the plants involved were not patentable “as such”. However, animals and plants are not excluded from patentability if the technical feasibility of the invention is not confined to a particular plant or animal variety.
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