Dear all
I studied the file of the BASF patent as recently granted and reduced only to methods of selection (EP3742892). Disappointment: Article 53b was not discussed, only technical reasons.
however, for the first time, I found a request that a patent should receive unitary effect (see attached foto). I guess for our next report (maybe earlier), we will research also other cases to find out which of the newly granted patents (or previously granted patents) may go along with similar requests.
Then I turned my attention to another patent of KWS just recently granted and also reduced to the methods. However, in this case, it is a method for production, also encompassing the plants produced. Amongst these methods, there is also random mutagenesis (EP 3 447 134), a disclaimer is added. In this case, Art 53 b) was discussed and I found the statement as attached made by the examiners. After that, the claims directed to plants were deleted without further discussions. For me, this is an indication that the criteria for granting patents inheriting specific mutations is not yet settled inside the EPO. so let us keep pushing.
cheers
Christoph
