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A sequence of data can only be considered as a product produced directly by a patent-protected method when it displays technical features that it received by that method and it therefore by its nature can be suitable subject matter of a patent (following Federal Supreme Court decision of 21 August 2012, X ZR 33/10, BGHZ 194, 272 – MPEG-2-Videosignalcodierung).
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The representation of a test result obtained by means of a patent-protected method and insights gained from it, as a presentation of information, does not represent a product that can enjoy protection under Sec. 9, second sentence, No. 3 of the Patent Act.
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Official headnotes. Translation by Allison Felmy.
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European Patent Convention, Art. 52(1)(d); Patent Act, Sec. 1(3) No. 4, Sec. 9 second sentence, No. 3. “Receptor Tyrosine Kinase II”. IIC 49, 231–236 (2018). https://doi.org/10.1007/s40319-018-0676-4
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DOI: https://doi.org/10.1007/s40319-018-0676-4