Germany: Quetiapin, Federal Court of Justice of Germany, X ZR 41/13, 13 January 2015
July 8, 2015
When defining the technical problem underlying an invention, it may not simply be assumed that the person skilled in the art needed to address a particular problem. On the contrary, the technical problem must be formulated so generally and neutrally that the question as to which incentives a person skilled in the art obtained from the state of art, arises only when examining inventive step.
A full summary of this case has been published on Kluwer IP Law.
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