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G 2/06

G 2/06 is a biology topic covered in the lgStudy science library. This page brings together a partial reference excerpt, illustrations, worked examples, real-world applications and a short study plan, so you can understand G 2/06 rather than just read about it. In short: G 2/06 is a decision by the Enlarged Board of Appeal of the European Patent Office (EPO), which issued on 25 November 2008. In its answer to question 2, the Enlarged Board of Appeal ruled that "Rule 28(c) EPC (formerly [Rule 23d(c) EPC 1973]) forbids the patenting of claims directed to products which — as described in the application — at the filing date could be prepared exclusively by a method which necessarily in…

G 2/06 — main illustration
G 2/06 — illustration

Key takeaways

  • G 2/06 belongs to biology; place it in that map before memorising details.
  • Learn the definition first, then one example that makes the definition concrete.
  • Connect G 2/06 to a quantity you can measure, compute or draw — that is where exam questions come from.
  • Reproduce the core statement of G 2/06 from memory before moving on to harder problems.

Reference excerpt

G 2/06 is a decision by the Enlarged Board of Appeal of the European Patent Office (EPO), which issued on 25 November 2008. In its answer to question 2, the Enlarged Board of Appeal ruled that "Rule 28(c) EPC (formerly [Rule 23d(c) EPC 1973]) forbids the patenting of claims directed to products which — as described in the application — at the filing date could be prepared exclusively by a method which necessarily involved the destruction of the human embryos from which the said products are derived, even if the said method is not part of the claims." In short, a patent under the European Patent Convention (EPC) cannot be granted for an invention that necessarily involves the use and destruction of human embryos. The decision notably refers to the provisions of EU Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions, referred to in Rule 26(1) EPC. The reactions to the decision were mixed. According to Reuters, the decision could stifle research by stem cell companies for commercial purposes. In contrast, according to the Guardian, "some experts believe this will provide a boost for European companies developing technologies based on human embryonic stem cells".

References

External links Decision G 2/06, Official Journal EPO 5/2009, 306 (ECLI:EP:BA:2008:G000206.20081125) No European patent for WARF/Thomson stem cell application, EPO web site, News, 27 November 2008. European Patent Register entry for European patent application no. 0770125, entitled "Primate Embryonic Stem Cells", applied for by the Wisconsin Alumni Research Foundation, and which was the subject of the referral to the Enlarged Board of Appeal.

Worked examples

Example 1 — a first encounter with G 2/06

Start with the simplest possible case. Write down what G 2/06 claims or describes in one sentence, then invent the smallest concrete situation in which that sentence is true. In biology, the smallest case is usually a single object, a single equation or a single measurement. Check that every symbol or term in your sentence has a meaning in that case.

Example 2 — changing one variable

Take the situation from Example 1 and change exactly one quantity: double it, halve it, or set it to zero. Predict what should happen to G 2/06 before you calculate. Comparing your prediction with the result is the fastest way to find out whether you understand the idea or only the words.

Example 3 — an exam-style question

Typical questions about G 2/06 ask you to (a) state it precisely, (b) apply it to given data, and (c) explain a limitation. Practise writing all three answers in under five minutes; the third part is what separates a full-mark answer from an average one.

Applications of G 2/06

In research
G 2/06 appears in biology research whenever the underlying quantities have to be modelled precisely. Papers usually cite it as a starting assumption and then explore where it breaks down.
In technology and industry
Engineering practice reuses G 2/06 in design rules, simulations and safety margins. Knowing the idea lets you read a specification sheet and understand why the numbers look the way they do.
In the classroom
G 2/06 is common in secondary-school and first-year university syllabi. It links to neighbouring topics 2008 in Europe, 2008 in case law, Case law of the Enlarged Board of Appeal of the European Patent Office, so understanding it makes those chapters shorter.
In everyday life
Look for G 2/06 outside the textbook — in sport, cooking, traffic, electronics or the sky above you. An example you found yourself is remembered far longer than one you were given.
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How to study G 2/06 in 20 minutes

  1. Read the reference excerpt below once, without taking notes.
  2. Close the page and write down what G 2/06 means in your own words.
  3. Compare your version with the excerpt and mark what you missed.
  4. Work through the three examples above with pen and paper.
  5. Explain G 2/06 out loud to somebody else — or to Teacher Smith in the lgStudy chat.

Frequently asked questions

What is G 2/06 in simple terms?

G 2/06 is a decision by the Enlarged Board of Appeal of the European Patent Office (EPO), which issued on 25 November 2008. In its answer to question 2, the Enlarged Board of Appeal ruled that "Rule 28(c) EPC (formerly [Rule 23d(c) EPC 1973]) forbids the patenting of claims directed to products whi…

Why does G 2/06 matter?

Because it connects several biology ideas at once: it gives you a definition you can apply, a quantity you can calculate, and a way to check whether a result is plausible.

How should I study G 2/06?

Read the excerpt, restate it from memory, then work through the examples and applications listed on this page. The five-step study plan above takes about twenty minutes.

What does this page cover?

It gives you a compact reference excerpt plus original lgStudy explanations, examples, applications and study material on G 2/06.

Tags

  • 2008 in Europe
  • 2008 in case law
  • Case law of the Enlarged Board of Appeal of the European Patent Office
  • Stem cells

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