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“Receptor Tyrosine Kinase II”

Decision of the Federal Supreme Court (Bundesgerichtshof) 27 September 2016 – Case No. X ZR 124/15
  • European Patent Convention, Art. 52(1)(d); Patent Act, Sec. 1(3) No. 4, Sec. 9 second sentence, No. 3
Decision • Patent Law Germany
  1. 1.

    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).

     
  2. 2.

    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.

     

Keywords

Patentability Data sequence Product of a patent Test result Patent-protected method 

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2018

Authors and Affiliations

  • European Patent Convention, Art. 52(1)(d); Patent Act, Sec. 1(3) No. 4, Sec. 9 second sentence, No. 3

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