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Digital Book III (BGH)

Federal Supreme Court (BGH), Judgment of January 17, 2023 - X ZR 112/20

Law applied:

EPC Art. 64, Art. 69

German Patent Law (PatG) § 139 para. 2, § 140a paras. 1 and 3, § 140b

Summary:

An objective stated in the patent description must be taken into account when interpreting the patent claim. It may give rise to certain requirements for a device according to the invention, the existence of which must be established by the judge of fact, if necessary. (paras. 12 to 13)

BGH, Judgment of January 17, 2023 - X ZR 112/20 -

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