Germany: Phosphatidylcholin, Federal Court of Justice of Germany, X ZB 5/16, 25 July 2017
Kluwer Patent Blog
December 15, 2017
Please refer to this post as:, ‘Germany: Phosphatidylcholin, Federal Court of Justice of Germany, X ZB 5/16, 25 July 2017’, Kluwer Patent Blog, December 15 2017, http://patentblog.kluweriplaw.com/2017/12/15/germany-phosphatidylcholin-federal-court-justice-germany-x-zb-516-25-july-2017/
The Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not been rectified by the applicant upon request by the examiner (following FCJ X ZB 17/73 Regelventil).
The incorporation of a feature according to which the claimed composition must not contain a certain substance is not necessarily an unallowable extension (delimiting from FCJ X ZB 75/08 Reifenabdichtmittel).
A full summary of this case has been published on Kluwer IP Law.