Protecting intellectual property

Patent protection for biotech inventions

For biotech or biomanufacturing SMEs and startups, securing intellectual property (IP) protection is essential for growth, attracting investment, and protecting your innovations. There is a range of resources, tools, and guidelines to help you navigate IP protection.

Biotech developers should be aware that EU rules as well as the European Patent Convention specify what can and cannot be patented, especially for ethically sensitive inventions (such as those involving human genetic modification).

The European Patent Office (EPO) provides specific guidance for biotech patents, including dedicated resources and patenting advice for biotechnological innovations. Consult the EPO’s resources on biotech patenting to see if your invention qualifies. Doing this early will prevent wasted time and costs on non-patentable ideas and ensure compliance with EU ethical standards.

Biotech innovators can also benefit from the unitary patent which offers uniform protection in 18 participating EU countries on a one-stop-shop basis, providing huge cost advantages and reducing administrative burden.
For new pharmaceutical and agrochemical products requiring marketing authorisation, EU rules provide for a possibility to obtain a supplementary protection certificate (SPC), which extends, for up to 5 years, the protection of that product by a patent.

Find out more about your patent rights.

Special protection for plant varieties

The Community Plant Variety Office (CPVO) offers IP rights for new plant varieties, protecting your agricultural innovations throughout the EU.

Plant variety rights give your biotech startup exclusive control over your plant varieties, preventing unauthorised use or reproduction. If your company is innovating in plant breeding, apply for plant variety rights through CPVO to protect your unique varieties across the EU.