The FCJ held that an in vitro assay for testing for a specific immunological binding (namely testing for antibodies against Borrelia burgdorferi) using a polypeptide defined by its amino acid and a polypeptide defined by the nucleic acid sequence encoding the same, or a polypeptide encoded by segments of the nucleic acid sequence, is sufficiently disclosed if the assay can be performed with the full length polypeptide with a practically useful result, even if more suitable segments cannot be identified without an inventive effort.
Case date: 17 January 2017
Case number: X ZR 11/15
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.