Posted: June 12th, 2019
Interpretation of a patent claim in differentiation from the prior art – Federal Court of Justice, judgment of 27.11.2018, X ZR 16/17 – Scheinwerferbelüftungssystem
In its decision, the Federal Court of Justice deals with the interpretation of a patent claim in distinction from the state of the art cited by the patent description. Accordingly, when interpreting a patent claim, it must be taken into account that a patent’s teaching seeks to distinguish itself from the prior art described in it. If, in the description, a known prior art is equated with the generic term of a patent claim, the features of the characterizing part are not to be understood in cases of doubt as meaning that they are to be found in the prior art from which they are intended to differ.
The entire contribution can be read here on the Bardehle Pagenberg website.
Reported by Daniel Seitz and Stefan Lieck, Bardehle Pagenberg