YEAR 2019 N.º 2

ISSN 2182-9845

Plant Patents in the European Union: Recent Developments

Mª Mercedes Curto Polo


Breeders’ rights; Plant Patents; Biotechnological inventions; plant varieties; agricultural innovation.


Biotechnology has become one of the most promising and important technologies for the development of innovation in agriculture. The economic importance of the invested resources justifies that innovators ask for an adequate means of protection to compensate their efforts.

Table of contents

1. Introduction
2. The patentability of biotechnological inventions
2.1. Preliminary remarks
2.2. Patentable subject-matter. The concept of invention
3. The patentability of plant innovations
3.1. Non-patentability of plant varieties per se
a) The concept of plant variety
b) The exclusion of plant varieties from patentability in European Patent Law 3.2. Non-patentability of essentially biological processes
4. Conclusions