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.