Chemical Selection Inventions in the EPO and in Germany: Continued Divergence in Legal Interpretation
نویسندگان
چکیده
The 2007 decision of the Federal Patent Court of Germany ("FPC") invalidating the "Lipitor" patent is taken as a departure point for a review of the fundamental differences in how the European Patent Office ("EPO") and the FPC and Federal Supreme Court ("FSC") assess the novelty of chemical compound selection inventions. The article highlights EPO and German decisions pertaining to the novelty of specific chemical compounds (e.g. enantiomers) falling within but not individually described in a broader prior art disclosure (e.g. a racemate or a Markush formula).
منابع مشابه
Chemical Engineering Software and Legal Protection Thereof
In recent years, an increasing number of Chemical Engineering Software (CES), which play an important role in improving efficiency in the petroleum industry, has been introduced to the market. Generally, software is the product of intellectual creativity, but protection of the intellectual property residing in software is the subject of some controversy. This paper explores the ...
متن کاملSuccess in technology transfer Registrations of invention and patents help strengthen the know - how
Besides the research results achieved it is the registrations of inventions and patents granted that are an important gauge of the competency of our institute. Also in the year 2004 IFW was able to continue its successful activities in this field. As at 31 December 2004 the institute can boast of a total of 135 patents registered within Germany and 109 patents granted abroad. In the year 2004 a...
متن کاملPatenting of Biological Material and Biotechnology
One of the major challenges faced by developing countries due to globalization and TRIPS regulations is understanding of intellectual property rights (IPR) laws of different countries in context of recent innovations in biotechnology and bioinformatics. While biotechnology involves application of technology on biological organisms, viz., microorganisms, plant and animals and biological material...
متن کاملPatenting Software-related Inventions according to the European Patent Convention A review of past and present law and practice
This paper presents a retrospective of the different epochs in patenting software-related inventions in the European Patent Office (EPO). To put things in perspective, it also makes reference to other jurisdictions as well, in particular USA. The emphasis is however on present EPO practice. Three different epochs are presented and the corresponding approaches to dealing with software-related in...
متن کاملچالشهای اخلاقی حمایت از روشهای علم پزشکی در حقوق اختراعات
Human inventions and innovations are generally subject to legal protection but some of these innovations are not subject to legal protection. Medical methods are one of the controversial exceptions of patentability of inventions and opponents and proponents of patent ability of medical methods support propound several reasons to prove their theory. While major arguments of proponents are justif...
متن کامل