Fabric protection

from Wikipedia, the free encyclopedia

Substance protection is a term from patent law , especially in connection with chemical patents.

In one patent , a granted claim to a chemical compound leads to the protection of this substance regardless of the use for which it is intended. This means that for the duration of the patent for the substance protection, the use of this substance for an alternative, new use of the chemical compound is blocked, even if the inventor of the substance was not aware of this new use when his invention was registered. The fabric protection is particularly in patent protection of new drugs in the pharmaceutical and active ingredients of pesticides of considerable practical and economic importance. If a patent includes substance protection, it is for the patent applicantIt is relatively easy to precisely prove the patent infringement to a supposed infringer using the methods of analytical chemistry .

history

In Germany, the patenting of chemical substances was disputed as early as the 19th century. Patent protection for chemical substances was not provided for under the German Imperial Patent Act of 1877. The absolute substance protection for chemical compounds - known from US patent law - was only introduced in Germany in 1968. Between 1891 and 1968, so-called indirect substance protection prevailed. Chemical substances themselves could not be patented, but their manufacturing process could. In order not to infringe a patent, a non-patent holder had to prove that an alternative manufacturing process was used.

literature

  • Stefanie Merenyi: Protection of substances in the International Year of the Periodic Table. Past, present and future of a special legal instrument , Journal for Intellectual Property 12 (2020), pp. 42–92, DOI: 10.1628 / zge-2020-0003.

Individual evidence

  1. ^ W. Beil: Protection of substances for chemical inventions. In: J. Soc. Cosmetic Chemists. 16, 1965, pp. 261-268.
  2. ↑ Ralf Uhrich: protection of fabrics . Mohr Siebeck, 2010, ISBN 978-3-16-150458-7 , pp. 44 ( google.com [accessed December 9, 2019]).
  3. ↑ H. Dersin: Process protection or protection of substances in chemical inventions . In: Angewandte Chemie . tape 64 , no. 5 , March 7, 1952, pp. 128-133 , doi : 10.1002 / anie.19520640503 .