German Patent Court Decision: Discovery of Biological Correlations Lacks Novelty
If a patent merely reveals biological correlations and offers only a general scientific rationale—without disclosing a new technical teaching—then novelty is not satisfied. This principle was reaffirmed by the Federal Court of Justice in the 9 June 2011 BGH judgment (X ZR 68/08, GRUR 2011, 999 marg. 44, Memantine).
Case Details:
Date: 02 October 2018
Case No.: X ZR 118/16
Court: Federal Court of Justice of Germany
A comprehensive summary of the decision is available on Kluwer IP Law.
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