Recently, there has been uncertainty in both Europe and the United States relating to the patentability of biological products and processes. In Europe, some of these issues revolving around the patentability of plants and biological processes for producing plants have been resolved, however, in the United States the position is still unsettled. Finnegan attorneys Hazel Ford and Carla Mouta discuss the different approaches to the patentability of plants taken by the European Patent Office and the United States Patent & Trademark Office.

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