Legislative Implementation of Flexibilities - Netherlands (Kingdom of the)

Title:	Articles 1, 2a (2) (c) and (d), and 3 (1) (c) and (d) of the Patents Act of 15/12/1995(Text as it applies on 03/06/2009)
Field of IP:	Patents
Type of flexibility:	Exclusion from patentability of plants
Summary table:

Provisions of Law

Article 1

In this Kingdom Act and the provisions based on it the terms listed below shall have the following meaning:

Microbiological process: any process whereby microbiological material is used, which affects microbiological material or which results in microbiological material;

Plant variety: a variety within the meaning of Article 5(2) of Regulation (EC) No. 2100/94 of the Council of the European Union of 27 June 1994 on Community plant variety rights

(Official EC Journal L 227);

Article 2a

2. Inventions within the meaning of the first paragraph in any event include inventions with respect to:

c. plants or animals, provided that the practicability of that invention is not technically limited to certain plant or animal varieties; or

d. a microbiological or other technical process through which biological material is obtained, processed or used, or a product obtained using such a process.

Article 3

1. No patent shall be issued for:

c. plant or animal varieties;

d. essentially biological processes consisting entirely of natural phenomena such as hybridizations or selections in order to produce plants or animals and the products obtained thereby;