PATENTS | The EPO Board of Appeal on inventions ‘derived from immoral means’

The EPO Board of Appeal (BoA) issued a decision on case No. T 2510/18, concerning opposition proceedings against a patent claiming a medical treatment for malaria based on plant extract Simalikalactone E. Namely, the opponent claimed that the patent was contrary to morality or public order according to Article 53(a) of the European Patent Convention, in that the claimed invention was developed by exploiting the medical tradition of indigenous communities. The BoA deemed the patent not contrary to morality or public order, clarifying that the exclusion set by Article 53(a) only applies when the commercial exploitation of the patent is contrary to morality or public order, while the means by which the claimed invention was developed is irrelevant.

Newsletter n. 101 – November 2024