The Federal Court of Justice held that if, according to the protected process, a half-finished product is to be processed in a certain way (here: one side of leather to be treated in a certain way), the purpose of the processing limits the subject of the process only insofar as the processed half-finished product has to be suitable for being further processed according to the purpose. Further, when a product claim protects the final product which was prepared by using the half-finished product, it generally encompasses only an article in which the half-finished product has been processed according to the purpose.

Case date: 30 January 2018
Case number: X ZR 27/16
Court: Federal Court of Justice of Germany

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law