Summary:
1. A legal interest in defending a patent which is attacked by a nullity action already results from the registration as new owner of the patent in suit in the patent register during the legal dispute.
2. In order for a skilled person to be able to carry out the invention, the patent specification must indicate at least to some extent by what means and in what way the claimed technical teaching can be realized. This requirement is not met if the patent specification merely states an abstract object in brief without giving even a hint as to how this object can be achieved.
Federal Supreme Court, Judgment of March 29, 2022 – X ZR 16/20
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