Dear all
Johanna identified several interesting documents on the website of the EPO which I would like to share.
I am just about to read and to try give first short analysis in several steps.
The first document (CA/PL 4/17, attached in de and en) is another preparatory document for the decision of the Administrative Council in 2017. It was adopted by patent law Committee in March 2017 (CA/PL 4/17) and then was use by the President to file his document in June (CA/56/17 - this the document we quoted from in our legal analysis).
In its paragraphs 6, 73-76 and 82 & 83 it deals with patentability of random mutagenesis. It explains the issue which the was repeated and summarized by the CA/56/17 document. For my understanding paragraphs 82 &83 are problematic because they mix up trait (G2/07 & G2/08) with any genetic alteration. To me it seems (after quick reading) our analysis is correct and this document is some proof that G2/07 and G1/08 are not correctly interpreted.
Further in paragraphs 88-91 it deals with patentability of cells. To me it looks like they only wanted to allow patents on processed products (such as meal and sugar) but not on cells for further regeneration. Thus, to me it looks like we are right in stating that document CA/56/17 should become more precise, since it includes patentability of living cells.
It is interesting that in Para 101 & 102 they are also discussing about the possibility to define essentially biological processes.
I will do further reading and in case send further docs I guess this material is relevant for our report and we should have a proper understanding.
Cheers
Christoph