dear all
please see my first draft. Large parts were already developed for the legal analysis in the report. My further ideas on Art 52 and Art 83 seem to be relevant, but might need further consideration. I tried to also introduce inventive step (Art 56), but I guess, the development of markers will be regarded as inventive and may allow the patent holder to introduce technical arguments that are not helpful for the overall outcome. Thus, I deleted the passage, but I will think about it again. I would be happy if I could get your comments till Monday. please do not circulate at this stage.
I also will send this version to Dolder (he might use parts of the arguments for the Soy-case, other patent attorneys (if they are available) and our allies in NL (Bionext and Northern Maize breeding). Next week I will try to get final edits (as well as on our draft report which already sent off for edits)
Cheers
Christoph
PS next step will be a draft media release for Den Haag and I will work again on the program for 6 July, I will have a Zoom meeting with the office of Häusling tomorrow.