However, it also cannot be assumed that a certain technical problem is not part of the problem to be solved, because the statements relating thereto in the patent specification were not contained in the original application documents. According to the established case law of the Federal Court of Justice, the technical problem underlying an invention arises from what the invention actually achieves. In this respect, the determination of the problem and the interpretation of the patent claim are in a certain interaction. However, in view of the priority of the patent claim over the remaining content of the patent specification, the determination of the problem may not result in a material restriction of the subject matter defined by the purposive construction of the patent claim.
Case date: 13 March 2018
Case number: X ZR 44/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.