Patentability of an enantiomer over a known racemate.
The Federal Supreme Court states that a publication from which it is apparent that there must be enantiomers of a chemical compound does not directly and clearly reveal the enantiomers themselves, unless the publication makes it easily possible for the person skilled in the art to obtain these enantiomers.
A marketing authorisation for a medicinal product that contains a chemical compound in racemate form as the active ingredient does not preclude the issuance of a supplementary protection certificate for a medicinal product which contains an enantiomer of the same compound.
Read the judgment (in German) here.
Read the judgment (in English) here.
Read a summary (in English), provided by Bardehle Pagenberg here.
Head note: Tilman Müller-Stoy