EPLAW PATENT BLOG

DE – Fettsäurezusammensetzung (fatty acid composition)

Posted: June 16th, 2010

DE – Fettsäurezusammensetzung (fatty acid composition), invalidity proceedings, German Federal Supreme Court, 15 April 2010, Docket No. Xa. ZR 28/08

As to obviousness, the Federal Supreme Court ruled in the field of drugs:

For the person skilled in the art who deals with the technical problem to provide a composition which has advantageous effects on risk factors for certain diseases, it is generally obvious to first examine the effects of known compositions, to determine their active agents and to concentrate them, if there are clues for an improvement of the effect by a higher agent dose.

 
Read the decision (in German) here.

Head note: Tilman Müller-Stoy

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