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| General and definitions |
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| (1) For European patent applications and patents concerning biotechnological inventions, the relevant provisions of the Convention shall be applied and interpreted in accordance with the provisions of this Chapter. Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions shall be used as a supplementary means of interpretation. | ||||||
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| (2) "Biotechnological inventions" are inventions which concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used. |
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| (3) "Biological material" means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system. |
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| (4) "Plant variety" means any plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a plant variety right are fully met, can be: | ||||||
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| a) defined by the expression of the characteristics that results from a given genotype or combination of genotypes, |
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| b) distinguished from any other plant grouping by the expression of at least one of the said characteristics, and |
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| c) considered as a unit with regard to its suitability for being propagated unchanged. |
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| (5) A process for the production of plants or animals is essentially biological if it consists entirely of natural phenomena such as crossing or selection. | - G 2/07 - G 1/08 | |||||
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| (6) "Microbiological process" means any process involving or performed upon or resulting in microbiological material. | ||||||
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