Law applied:
EPC Art. 56; Patent Act § 4
Summary:
When searching for solutions to a specific technical problem in the field of mobile communications, there is always reason to consider proposals from the environment of standardization groups as a starting point for further considerations or as a source for finding possible solutions. This applies in any case to documents that have been made available to the public through the channels known to experts.
In individual cases, a large time gap may argue against combining two documents, especially if they are based on different technical approaches. However, even when developing new standards, it is reasonable to use older documents if they contain a solution approach that can also be used in the environment of the newer publication.
The fact that a certain procedure is part of the technical knowledge does not automatically suggest its application in the context of a new issue raised in the prior art.
Federal Supreme Court (BGH), Judgment of 05 November 2024 – X ZR 125/22
Download Judgment (machine translation)
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