Decision Keyword:
Spacer
Law applied:
EPC Art. 83
IntPatÜbkG Art. II Section 6 para. 1 sentence 1 no. 2
Summary:
EPC Art. 83; IntPatÜbkG Art. II Section 6 para. 1 sentence 1 no. 2
The question of whether an invention is such that a person skilled in the art can carry it out is to be assessed in the light of the knowledge which the patent imparts to the person skilled in the art.
EPC Art. 54 para. 2
The possibility of knowledge by any third party cannot be assumed without further ado if an offer is directed to the manufacture of an object yet to be developed (confirmation of Federal Supreme Court (BGH), judgment of December 9, 2014 - X ZR 6/13, GRUR 2015, 463 para. 34 – Presszange/Press pliers).
Federal Supreme Court (BGH), judgment of April 29, 2025 - X ZR 43/23 -
Download Judgment (machine translation)
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