This decision by the FCJ confirms that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognizability of the technical problem…
The Federal Court of Justice held that the purpose of determining the technical problem (objective) in invalidity proceedings is to locate the starting point of skilled efforts to enrich the state of…
The FCJ held that when inventive step is assessed, for each feature of the assessed claim which is not disclosed, i.e. directly and unambiguously derivable, to be considered obvious, an incentive for…
The FCJ confirmed that, when formulating the problem as a starting point for assessing inventive step, it is not permissible to narrow the problem by referring to prior art not cited in the patent.…
This case concerns the question of whether, and under what conditions, a supplier of infringing products who is located abroad can be held liable for infringement of the German patent for acts…
In a case concerning a patent relating to methods of transferring component tape information to a component mounting machine, the Federal Court of Justice held that when inventive step is assessed it…
The Federal Court of Justice held that:
The sequence of steps in a method claim is normally determined by the claim’s wording.
A completely new attack based on a document only filed upon appeal is…
The choice of the starting point for evaluation of inventive step requires a justification which is not in itself provided by the fact that a certain citation proves ex post to be the "closest state…
Nullity Plaintiff still has a need for legal relief even after expiry of the patent as long as Patentee has not given up claims against customers of Plaintiff. A conventional personal computer with…
The Federal Court of Justice held that in utility model registration proceedings, the utility model department must examine whether one of the grounds for refusal listed in Sec. 2 Utility Model Law…
