The FCJ confirmed that, when formulating the problem as a starting point for assessing inventive step, it is not permissible to narrow the problem by referring to prior art not cited in the patent.
The patent relates to a sound generator, in particular for parking assistance systems for vehicles. The sound generator is equipped with a housing comprising a base part and a top part. The base part has a receiving space, which can be covered by the top part, for receiving a diaphragm.
Case date: 17 April 2018
Case number: X ZR 56/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.