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Lock housing (BGH)

BGH, judgment of June 13, 2023 - X ZR 51/21 –

Law applied:

EPC Art. 56

Patent Act § 4

Summary:

  1. an inventive step cannot be based on a feature which represents an arbitrary selection from several possibilities, detached from a specific technical purpose (confirmation of BGH, judgment of May 22, 2007 - X ZR 56/03, GRUR 2008, 56 marginal no. 25 - Injectable microfoam; judgment of November 27, 2018 - X ZR 41/17, marginal no. 46).
  2. special advantages associated with a feature can only be used to establish inventive step if they are disclosed in the patent specification or are recognizable to a person skilled in the art (confirmation of BGH, judgment of November 27, 2018 - X ZR 41/17, marginal no. 46).

BGH, judgment of June 13, 2023 - X ZR 51/21 –

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