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Patentability of Chemical Selection inventions : The Olanzapine and Escitalopram Decisions

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The thesis is a response to the recent decisions of the German Federal Court of Justice on the patentability requirements of selection inventions, namely, the Olanzapine and Escitalopram decisions. This thesis provides an overview on the technology and patenting practice, followed by the discussion of jurisprudence on the patentability requirements for selection inventions in major jurisdictions. In particular, the paper examines the novelty and the non-obviousness requirements. As the discussion on the anticipation and obviousness is more contentious in selection inventions, this discusses the issues in view of the two decisions. Post grant impact of selection inventions and their meanings to the system of patent are explored, and some comparative perspectives on selection inventions are discussed. In conclusion, by exploring the significance of granting patents on selection invention to the working of patent system, this paper aims to provide a useful analysis in understanding patentability requirements thereof, beyond the pharmaceutical industry sector.The author researches on improvement patents in the field of pharmaceutical industry at the Max-Planck Institute in Munich.

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Series Title

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Call Number

340 AHN p

Publisher

Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG., 2011

Collation

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Language

English

ISBN/ISSN

9783845232188

Classification

340

Content Type

text

Media Type

computer

Carrier Type

online resource

Edition

1

Subject(s)

Law / Commercial

Specific Detail Info

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Statement of Responsibility

Hyewon Ahn

Other Information

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agus

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Validator

maya

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