A data sequence can only be regarded as a product directly obtained by a patent-protected process if it has tangible technical properties that are directly imparted on it by this method, and if the data sequence itself can therefore be appropriate subject-matter of a product patent.

The representation of an experimental result obtained by a patented test method and the information derived therefrom is a presentation of information and does not represent a product that can be protected according to Sec. 9 Clause 2 No. 3 of the German Patent Act.

A full summary of this case has been published on Kluwer IP Law.

 

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