If a patent only provides the skilled person with a general scientific explanation as to why the procedure disclosed therein is suitable for the purpose in question and does not disclose a new technical teaching in relation to this purpose, but merely a discovery of biological correlations, then this is insufficient to acknowledge novelty (continuation of BGH, judgment of 9 June 2011 – X ZR 68/08, GRUR 2011, 999 marginal 44 – Memantine).
Case date: 02 October 2018
Case number: X ZR 118/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.
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