The choice of the starting point for evaluation of inventive step requires a justification which is not in itself provided by the fact that a certain citation proves ex post to be the “closest state of the art”. In particular, it cannot be assumed without further ado that an expert in a technical field in which a large number of current construction solutions exist will fall back on a significantly older state of the art while ignoring these newer solutions.
Case date: 10 January 2017
Case number: X ZR 57/14
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.