Dear Christoph,

Thanks for the drafts. Here are my comments:

Yes:

We should say more on what needs to happen now, referring to role of national government and Administrative Council meeting at the end of June – and repeat less of what was in the press release about the report
We should refer to our full range of demands, not just the issue of conventional breeding vs technical

No:

We should focus on the democratic aspect of the decision. I think this is a much bigger story than the narrow patent angle, and is also where the national governments will be especially sensitive - they won't like having their decision over-ruled, it is a big precedent issue.
I would suggest something also the lines of (with some of the specific points on plant and animal patents afterwards): It's a democratic scandal. Elected national governments took a decision, reflecting the political consensus in EU. EPO has rejected this decision so that it can still grant patents on plants and animals. Structure of EPO is outdated and must be reformed. Call for Diplomatic Conference to create democratically accountable organisation that serves the interest of society as a whole, not the interests of large corporations and patent lawyers.

Perhaps we also need a third variation for the event the court says yes to question 1 but not to question 2?

Will you ask for personal meetings with the national governments when you send out the press release? I know this is very resource intensive but I think is very important to get a good outcome in the administrative council, and it is perhaps easier to now get virtual meetings than it would have been before.

Best

Katherine

-----Ursprüngliche Nachricht-----
Von: Npos_2018 [mailto:npos_2018-bounces@testbiotech.de] Im Auftrag von Christoph Then
Gesendet: Montag, 4. Mai 2020 08:41
An: npos_2018@testbiotech.de
Betreff: [Npos_2018] first draft PRs on the decision of the Enlarged Board od Appeal

der all,

please see first drafts in En.

I think we can use the same examples for patent applications in both cases (Yes and No), while the content of the PR has to adapted to the decision in many other details.

please send your comment till Thursday.

thanks!

Christoph