INFORMATION FROM THE CONTRACTING / EXTENSION STATES
AT Austria
Decision of the Oberster Patent- und Markensenat (Supreme Patent and Trademark Chamber) dated 12 June 1996
Op 2/95*
Headword: Recombinant DNA molecules
Section 10(1) Law Introducing Patent Treaties (PatV-EG)
Article IV Patent Law Amendment (PatRNov) 1984
Section 2.2 Patent Law (PatG) 1970 old version
Article 138, 167(2)(a), (3), (5) EPC
Keyword: "Effectiveness of a reservation in Austria - protection for pharmaceutical products per se" - "Whether a process for the manufacture of a pharmaceutical product is specified" - "Revocation of European patents"
European patent No. 0 032 134
Headnote
In so far and as long as a reservation in respect of Austria under Article 167(2)(a)
EPC is effective, European patents may be revoked in so far as they afford protection to (inter alia) pharmaceutical products per se, except where the patent relates to a process for the manufacture or use of a pharmaceutical product. Such a reservation was effective until 7 October 1987; it applies to all patents granted in respect of applications filed up to that date, and for their entire term. Under Section 2.2 PatG 1970 (old version) a process for manufacturing a pharmaceutical product was "specified" if identified as such by an indication of the original substances, the means or manner of using them, and the end-product or other "result". With the prohibition on substance protection remaining effective, this definition stands. - Re specified process for the manufacture of a pharmaceutical product (in this case: recombinant DNA molecules).
AT 1/98
* The full text of the decision was published in the Österreichisches Patentblatt (Austrian Patent Bulletin) 1997, 19, the unofficial headnote in ÖBl 1997, 156.