Germany: Digitales Buch, Federal Court of Justice of Germany, X ZR 63/15, 07 November 2017
Kluwer Patent Blog
April 4, 2018
Please refer to this post as:, ‘Germany: Digitales Buch, Federal Court of Justice of Germany, X ZR 63/15, 07 November 2017’, Kluwer Patent Blog, April 4 2018, http://patentblog.kluweriplaw.com/2018/04/04/digitales-buch-federal-court-justice-germany-x-zr-6315-07-november-2017/
The Federal Court of Justice held that the fact that all of the embodiment examples in an application comprise a specific feature stands in the way of claiming protection for embodiments without this feature, if it can be derived from the content of the application that the means provided in the claim serve to solve a problem which necessitates the presence of the feature in question.
A full summary of this case has been published on Kluwer IP Law.