Content of disclosure of a pre-publication "Inverter" (BGH)

Law applied:

EPC Art. 52(1), Art. 56, Art. 138(1)(a), (c)

Summary:

By a pre-publication, also that may be disclosed which is not expressly mentioned in the patent claim and in the description, but which, from the point of view of the person skilled in the art, is self-evident for the implementation of the protected teaching and therefore does not require a special disclosure but is "read along" (connection to BGH GRUR 2014, 758, para. 39 - Proteintrennung). This is not the case if the person skilled in the art has to make supplementary technical considerations in order to draw a certain conclusion on the basis of the pre-publication. (para. 63)

BGH, Judgment of January 24, 2023 - X ZR 10/21 -

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