Protecting Inventions in ChemistryCommentary on Chemical Case Law under the European Patent Convention and the German Patent Law
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 on the examination proceeding 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 proceeding (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.
The Procedure for Grant of a Patent. On Disclosure and Novelty. Inventive Step. Industrial Applicability. The Peculiarities of Biochemical Inventions. The Supplementary Protection Certificate. Protective Scope and Special Embodiments. Infringement, Nullity and Compulsory Licence Proceedings. On the Exhaustion of Patents. Annex. Index.
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