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. Therefore, this definition cannot be based on considerations as to interpretation of the patent or inventive step.
Case date: 09 January 2018
Case number: X ZR 14/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.