The FCJ confirmed that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognisability of the technical problem to seek the…
The FCJ held that the general suitability of a technical means of the common general knowledge to solve a technical problem can only suffice as a motivation for the skilled person to make use of this…
The Federal Court of Justice held that the correct assessment of the involvement of an inventive activity requires that the problem is first identified without knowledge of the invention. This is…
The FCJ held that an in vitro assay for testing for a specific immunological binding (namely testing for antibodies against Borrelia burgdorferi) using a polypeptide defined by its amino acid and a…
According to the FCJ, when it comes to the question of whether a particular solution was obvious to the skilled person, it is irrelevant whether a different solution was more obvious. In the present…
The FCJ held that:
a) An objection by one party can lead to the petitioner being required to demonstrate a legitimate interest in the inspection of the files of a patent nullity procedure, but only…
The FCJ ordered that the petitioner must be granted access to the entire file wrapper. The objections raised by the plaintiff with regard to parts of the file which allow conclusions to be drawn on…
The Federal Patent Court (FPC) ruled on the interplay between limitation proceedings before the EPO and a national nullity action, and the circumstances in which a request for a declaratory judgment…
The Federal Court of Justice confirmed that the definition of the person skilled in the art aims at defining a fictive person, from whose point of view the prior art and the patent is considered.…
The FCJ held that when assessing inventive step the claim should be interpreted so that the disclosed embodiments are taken into account. Prior art that is far removed from the disclosed embodiments…
