Legislative Implementation of Flexibilities - Netherlands (Kingdom of the)

Title:	Articles 2 (2)(a), 2a and 3 (1) (b) 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:	Patentability of substances existing in nature
Summary table:

Provisions of Law

Article 2

2. The following in particular shall not be regarded as inventions within the meaning of the first paragraph:

a. discoveries, as well as scientific theories and mathematical methods;

Article 2a

1. The inventions referred to in Article 2(1) are also taken to mean inventions that relate to a product that consists of or contains biological material or that relates to a process through which biological material is obtained, processed or used.

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

a. biological material that is isolated from its natural environment or is obtained using a technical process, even if that material occurs in nature;

b. a part of the human body that is isolated or that is otherwise obtained using a technical process, including a sequence or partial sequence of a gene, even if the structure of that part is identical to that of a natural part;

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:

b. the human body in its various stages of its formation and its development, as well as the sole discovery of one of its parts, including a sequence or partial sequence of a gene;

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