A nullity plaintiff who argues in the statement of claim that the subject-matter of a subordinate claim is obvious in the light of a specific prior art document, is in principle not obliged to submit further prior art documents until a deviating preliminary opinion of the Federal Patent Court if the court has pointed out in the written preliminary opinion pursuant to § 83(1) PatG that the subject-matter of the subordinate claims, as well as the subject-matter of the main claim, is likely to be judged as non-patentable.
Case date: 15 March 2022
Case number: X ZR 45/20
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
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
