1a. Patents are not granted on plant and animal varieties. A patent may, however, be granted for an invention which concerns plants or animals, if the technical feasibility of the invention is not confined to a particular plant or animal variety. The concept of a plant variety is defined in Chapter 1, Article 3, of the Act on the Protection of Plant Breeders' Rights (1997:306).
Patents are not granted for essentially biological processes for the production of plants or animals. As an essentially biological process for the production of plants or animals shall be considered any process which in its entirety consists of natural phenomena such as crossing or selection. A patent may, however, be granted for an invention that concerns a microbiological process or another technical process or a product made by means of such a process. As a microbiological process shall be considered any process which is performed on microbiological material or through which such material is used or is produced.