Providing a crystalline form of a polymorphic substance that a person skilled in the art necessarily obtains when applying a production method for that substance that is made obvious by the state of the art represents the result of expert practice and thus in turn is not the result of an inventive step (confirmation of German Federal Supreme Court, decision of 24 July 2012 X ZR 126/09, GRUR 2012, 1130 – Leflunomid).
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Translated by Allison Felmy.
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European Patent Convention, Art. 56; German Patent Act, Sec. 4. “Rifaximin α”. IIC 50, 747–754 (2019). https://doi.org/10.1007/s40319-019-00838-5
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DOI: https://doi.org/10.1007/s40319-019-00838-5