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“Receptor Tyrosine Kinase”

Decision of the Federal Supreme Court (Bundesgerichtshof) 19 January 2016 – Case No. X ZR 141/13
  • European Patent Convention, Arts. 52(2)(a), 52(3); Patent Act, Sec. 1(3), No. 1, 1(4), 1a(1) and (2)
Decision • Patent Law Germany
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  1. 1.

    A technical teaching that instructs the use of a discovery to achieve a certain result is susceptible of patent protection independent of whether the teaching contains an “inventive surplus” above and beyond the use for the intended purpose of the discovered principle of natural law. The same is true of the provision of a nucleic acid sequence encoding for a human protein. In such a case there is no need to designate the sequence in the patent claim as having been obtained in isolation or by a technical process.

     

Keywords

Patentability Data sequence Technical teaching Sequence encoding for a human protein Patent claim 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2018

Authors and Affiliations

  • European Patent Convention, Arts. 52(2)(a), 52(3); Patent Act, Sec. 1(3), No. 1, 1(4), 1a(1) and (2)

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