Dependent Claims, Supreme Court of Justice of Austria, 27 August 2013

Kluwer Patent Blog
February 26, 2014

Please refer to this post as: , ‘Dependent Claims, Supreme Court of Justice of Austria, 27 August 2013’, Kluwer Patent Blog, February 26 2014, http://patentblog.kluweriplaw.com/2014/02/26/dependent-claims-supreme-court-of-justice-of-austria-27-august-2013/


1. Also in case a dependent claim is patentable on its own, fulfillment of all features of both the main claim and the dependent claim is required for infringement.

2. The scope of a patent is defined by its claims; the prosecution file may only be considered for interpretation if there are contradictions between the claims, the description and/or the drawings.

The full summary of this case has been published on Kluwer IP Law.