• Hansen, Bernd; Hirsch, Fritjoff:
  
• "Protecting Inventions in Chemistry"
  Commentary on Chemical Case Law under the European Patent Convention and the German Patent Law
  ("Der Schutz von Chemie-Erfindungen"
  Chemie-Kommentar zur Rechtsprechung nach dem Deutschen Patentgesetz und dem Europäischen Patentübereinkommen)
  
• 1997, XVIII, 484 pages / Seiten, Hardcover, DM 198.- (Issue in English / englische Ausgabe)
  
• WILEY-VCH Weinheim
• ISBN-Nr.: 3-527-28808-2

This book covers the protection of chemical inventions by means of Patents and Utility Models, as well as Supplementary Protection Certificates (SPCs) for medicaments and agrochemicals. The jurisdiction of both the European Patent Office and the relevant German Courts which has been developed in recent decades is presented and explained in a comparative manner. It is the first English edition of a book which has become a standard companion for Patent Practitioners in the field of Chemistry in German-speaking countries.

The material prerequisites of patentability such as novelty, inventive step and sufficiency are comprehensively discussed. Further included is an overview of the examination proceedings before both the European and German Patent Offices. Special emphasis has been given to Chapters VII-IX, dealing with the issues of protective scope, infringement proceedings (national and crossborder) and the exhaustion of patent rights. The latest Case Law of the Appeal Boards of the European Patent Office, the German Federal Supreme Court and the Federal Patent Court has been taken into account.

This book provides all the information necessary for the acquisition, the use and the enforcement of protective rights in the field of chemistry.

The authors of the commentary are Dr. Bernd Hansen, a Munich-based Patent Attorney and Dr. Fritjoff Hirsch, a former Judge of the German Federal Patent Court.

Contents:

I. The Procedure for Grant of a Patent
The Patent Grant Procedure before the EPO
The Patent Grant Procedure before the GPO
The PCT Procedure
Comparison of the Possibilities for Filing Utility Model Protection

II. On Disclosure and Novelty
Introduction
Requirements of Disclosure
Problems of Novelty
Amendments and Corrections
The Priority Claim

III. Inventive Step
Legal Basis
The Basis of Problem and Solution at the EPO
Indicia of Inventive Step ("Non-Obviousness")
The Inventive Step of Particular Subject-Matter
The Average Skilled Person

IV. Industrial Applicability
Legal Basis
Product Inventions
Treatments and Diagnostic Methods

V. The Peculiarities of Biochemical Inventions
Plants, Plant Varieties and Plant Breeding
Methods
Animals and Animal Breeding Methods
Microorganisms
Nucleotides and Peptides

VI. The Supplementary Protection Certificate

VII. Protective Scope and Special Embodiments
On Protective Scope
Special Embodiments

VIII. Infringment, nullity and compulsory license proceedings
Introduction
Infringement proceedings
Nullity proceedings
Compulsory licence procedure

IX. On the Exhaustion of Patents
Type of Exhaustion
Legal Basis
General Case Law
Special Problems

TT / 04.05.1998 / 16.12.2005   ---) Literaturübersichten