International Flavors and Fragrances Inc; EPO 1984

References: [1984] OJ EPO 309
A patentee who wishes to complain of dealings in a product made by his patented process must rely on his process claim and article 64(2). The United Kingdom is the only Member State of the EPC which accepted product-by-process claims. The EPO will only accept a claim to a product defined in terms of its process of manufacture when the product is new in the sense of being different from any existing product in the state of the art but the difference cannot be described in chemical or physical terms: ‘This may well be the only way to define certain natural products or macromolecular materials of unidentified or complex composition which have not yet been defined structurally.’
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