Is naturally occurring biological material patentable in Europe?
The Directive on the Legal Protection of Biotechnological Inventions (98/44/EC of 6 July, 1998, [1998] O.J. L213/13), specifically provides in Article 3.2 that “Biological material which is isolated from its natural environment or produced by means of a technical process may be the subject of an invention even if it previously occurred in nature”.