Hand steckt Autoschlüssel in das Türschloss eines schwarzen Autos

Obvious adoption of a mechanism disclosed in the prior art – motor vehicle latch - X ZR 120/22 (Federal Supreme Court (BGH)

Federal Supreme Court (BGH), Judgment of 22 October 2024 - X ZR 120/22

Decision Keyword:

Motor vehicle latch

Law applied:

EPC Art. 56; Patent Act § 4

Summary: 

The adoption of an operating mechanism disclosed in the prior art for a similar device may also be obvious if this mechanism fulfills a further function not required for the similar device, but the prior art expressly refers to the two different functions and these can be readily separated from each other.

Federal Supreme Court (BGH), Judgment of 22 October 2024 – X ZR 120/22

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