The FCJ held that when inventive step is assessed, for each feature of the assessed claim which is not disclosed, i.e. directly and unambiguously derivable, to be considered obvious, an incentive for the skilled person to particularly choose this feature rather than an alternative would need to be proven or at least plausible.
Case date: 05 June 2018
Case number: X ZR 80/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.
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