dear all
we received a letter from German Minister of Justice.
Sorry to say, it does not to seem to be very helpful.
1. on essentially biological processes: they agree with us that G1/08 and G2/07 are relevant, but they also say, that the decision of June 2017 and the preparatory document of the President are in line with it.
2. They see no problems with patents on cells. If I understand them correctly, they consider these cells as products derived from plants and animals which are able to reproduce. This a funny interpretation. It is correct that semen and seeds (as being cells) can not be patented (as stated in the preparatory document of the President). However, also isolated cells, kept in laboratory, can be used to develop to whole plants or animals. So there is some grey zone, they do not want to discuss.
3. the scope of patents already would be perfectly organised by the disclaimer
4. it seems to be ok that the G3/19 decision has no effect on pending patents
5. they say, the documents as referred to in G3/19 were published (but no mentioning of participation in the AC-meetings).
Summary: This seems the old political game of friendly answering without much content.
We should come back to the Minister in another letter asking clear questions such as:
* if the decision of the Admin Council is in line with G1/08, why further patents were granted on random mutations * is the Minister of the opinion that these patents were granted lawfully and should be granted in future (in our meeting she was of opposite opinion) * which cells do not reproduce (and where is the legal definition for it)
further, we should express disagreement and show doubts with points 3-5.
I also have to inform the other organisations about the answer. I will do this in German and then also send the German interpretation to this list.
I suggest not to run public communication on the letter and to write no further letter before we had the phone call with the EPO next week.
cheers
Christoph