Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

European patent definition

What does European patent mean? In legal practice, a European patent is the result of a single application to the European Patent Office (EPO) that, once granted, can be validated to take effect as a bundle of national patents in the EPC states designated in the application. The term is used in, and defined by, the European Patent Convention (EPC). Key features include centralised filing, search, examination and grant; post‑grant EPO opposition within nine months; EPO limitation/revocation procedures; and national validation requirements (including any translations and fees), followed by national enforcement (infringement) and revocation under each state’s law, with national renewal fees. In the UK, an...

Biotechnology patentability in the UK and EU: Directive 98/44/EC, EPC Article 53(b), PA 1977 Sch A2, key CJEU/EPO case law, exclusions, and compulsory cross-licences

Published by a LexisNexis Life Sciences expert

Practice notes

This Practice Note outlines which biotechnological inventions may and may not be patented. It cites Directive 98/44/EC (commonly called the Biotechnology Directive) and Schedule A2 to the Patents Act 1977 (PA 1977), which allow patents for biotechnological inventions while setting key exceptions. Those exceptions have been interpreted by the Court of Justice in cases including Oliver Brüstle v Greenpeace and Monsanto v Cefetra. The Note also reviews exclusions from patentability under Article 52(b) of the European patent Convention (EPC) and pertinent European Patent Office (EPO) decisions, Tomatoes I, Tomatoes II and Broccoli II. It also takes account of the 2017 European Commission Notice on biotechnological inventions.

Patenting biotechnological inventions

As a general rule, biotechnological inventions are patentable. Although neither PA 1977 nor the EPC imposes a blanket prohibition, specific provisions control when such inventions can be protected (see: The regulatory framework for biotechnology patents below). Additionally, in practice, some biotechnological subject-matter, even if not expressly barred, may fail the standard thresholds of Novelty, inventive step and industrial applicability. For further detail on these criteria, see Practice Note: Patentability and exclusions from patentability...

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Nicole Jadeja

Pinsent Masons

I am an IP litigator specialising in patent litigation in the life sciences sector. Having graduated with a science degree, I spent several years working in clinical trials in the pharmaceutical industry, before qualifying as a lawyer. Whilst I have litigated all types of IP, my experience in recent years has been litigating for pharmaceutical companies. As well as being an experienced litigator in the UK Courts and the European Patent Office, I have experience of litigating in the Court of Justice of the European Union having worked on two seminal cases which were referred to this Court, one concerning SPCs and one concerning counterfeit goods in transit. I frequently advise on multi-jurisdiction patent disputes, co-coordinating litigation in various European and other jurisdictions. I am Vice Chair of the IP Committee of the BioIndustry Association and a member of the Life Sciences Committee of the...

Christopher Leung

Fieldfisher

Christopher is an Associate in the IP Protection and Enforcement Group at Fieldfisher. His experience spans a broad range of IP rights including patents and SPCs, trade marks, copyright, database rights and domain names. Christopher has a particular interest in litigation in the life sciences field and has experience of patent and SPC proceedings before the UK Intellectual Property Office, Patents Court, Court of Appeal and Court of Justice of the European Union, including acting as lead assistant in Sandoz Ltd & Anor v G.D. Searle LLC & Anor and Master Data Center, Inc. v The Comptroller General of Patents. Christopher also advises clients on the management of their global trade mark portfolios and the enforcement of their soft IP rights, and has acted in various high profile soft IP disputes including Karen Millen v Karen Millen Fashions Ltd & Anor (trade marks) and 77m Ltd v...

Web page updated on 21/05/2026

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