Germany: Luminaire (Leuchte), Federal Court of Justice of Germany, X UR 125/15, 19 December 2017
Kluwer Patent Blog
July 9, 2018
Please refer to this post as:, ‘Germany: Luminaire (Leuchte), Federal Court of Justice of Germany, X UR 125/15, 19 December 2017’, Kluwer Patent Blog, July 9 2018, http://patentblog.kluweriplaw.com/2018/07/09/germany-luminaire-leuchte-federal-court-justice-germany-x-ur-12515-19-december-2017/
The Federal Court of Justice held that the correct assessment of the involvement of an inventive activity requires that the problem is first identified without knowledge of the invention. This is necessary for localising the appropriate starting point for the skilled person’s desire to provide a contribution to the arts. It is not admissible to consider elements of the claimed invention when formulating the objective technical problem.
A full summary of this case has been published on Kluwer IP Law.