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.
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
Requirements of Disclosure
Problems of Novelty
Amendments and Corrections
The Priority Claim
III. Inventive Step
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
Treatments and Diagnostic Methods
V. The Peculiarities of Biochemical Inventions
Plants, Plant Varieties and Plant Breeding
Animals and Animal Breeding Methods
Nucleotides and Peptides
VI. The Supplementary Protection Certificate
VII. Protective Scope and Special Embodiments
On Protective Scope
VIII. Infringment, nullity and compulsory license proceedings