The Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently affirmed in FCJ X ZR 161/12 Wundbehandlungsvorrichtung, since the subject matter in dispute was directly and unambiguously derivable from the originally filed application.

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

 


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law