Federal Supreme Court of Germany Changes its Course in its "Olanzapin" Decision to Match Established Case Law of the EPO for Novelty of Chemical Selection Inventions

In a decision, the Federal Supreme Court of Germany (FSC) establishes that the disclosure of a general chemical structural formula in the prior art does not disclose the individual compounds falling thereunder. Rather, the decisive question is whether or not the concrete compound is disclosed. For this, concrete indications are needed in the prior art which enable the skilled person to lay his hands on the chemical compound in question. As already set out in multiple decisions of the EPO, the FSC now also requires that the prior art discloses the compound in question in individualized form. With this decision, the FSC moves toward the case law of the EPO for the novelty of a selection in the field of chemical compound inventions.