I. – The following are not patentable:
<1° Animal breeds;
2° Plant varieties as defined in Article 5 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights;
3° Essentially biological processes for obtaining plants and animals; processes which make exclusive use of natural phenomena such as crossing or selection shall be considered as such;
<3°a Products obtained exclusively by essentially biological processes as defined in 3°, including the elements constituting these products and the genetic information they contain;
4° Processes for modifying the genetic identity of animals such as to cause them suffering without any substantial medical benefit for man or animal, as well as animals resulting from such processes.
II. – Notwithstanding the provisions of I, inventions relating to plants or animals shall be patentable if the technical feasibility of the invention is not limited to a particular plant variety or animal breed.
III. – The provisions of 3° of I shall not affect the patentability of inventions having as their subject matter a technical process, in particular a microbiological process, or a product obtained by such a process; a microbiological process shall be deemed to be any process using or producing biological material or involving an intervention on such material.
I.