Law applied:
EPC Art. 52(1), Art. 56, Art. 83, Art. 138(1)(a), (B)
Summary:
An executable disclosure can also be present if the claim merely specifies an abstract objective and does not designate any means for achieving this objective, but concrete indications as to how the desired objective can be achieved result from the explanations of the embodiments. It is then also harmless if, if necessary, several experiments are required in order to obtain the desired properties specified in the claim. (para. 83)
Federal Supreme Court (BGH), Judgment of March 14, 2023 – X ZR 17/21 –
Download Judgment (machine translation)
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