Decision Keyword:
Fondant
Law applied:
Sections 12a, 13 para. 1 GebrMG (German Utility Model Act)
Summary (Machine translation):
Even if the protective claim of a utility model claims a "finished" product (here: a foodstuff) as a material or product claim, the necessary interpretation of the protective claim, taking into account the description of the utility model, can show that the protected object has been manufactured using a specific ingredient (here: a syrup). This can result not only from the wording as a product-by-process claim described by the process for manufacturing the protected object. Rather, such an interpretation can also be considered if the specific ingredient is mentioned in the claim and the utility model attributes specific advantages to the use of this ingredient in the manufacture of the protected object.
Higher Regional Court (OLG) Düsseldorf, Judgment of July 5, 2024 – 2 U 74/23 –
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