Gelenkanordnung (hinge arrangement), infringement proceedings, Federal Supreme Court, Germany, 4 February 2010, Docket No. Xa. ZR 36/08
The determination of the technical problem to be solved by the patent is part of the interpretation of the patent claim. The technical problem has to be developed from what the invention as claimed actually achieves. Statements given in the description of the patent with regard to the “object” of the invention may contain a hint for the correct understanding of the patent claim. However, as is the case with any further content of the patent specification, the patent claim itself precedes such statements.
The determination of the technical problem to be solved by the patent is part of the interpretation of the patent claim. The technical problem has to be developed from what the invention as claimed actually achieves. Statements given in the description of the patent with regard to the “object” of the invention may contain a hint for the correct understanding of the patent claim. However, as is the case with any further content of the patent specification, the patent claim itself precedes such statements.
Read a summary in English, provided by Bardehle & Pagenberg, here.
Head note: Tilman Müller-Stoy
Recent Comments