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“Drive Mechanism for Garage Doors” (Antriebsvorrichtung für Garagentore)

Decision of the Federal Supreme Court (Bundesgerichtshof) 2 June 2015 – Case No. X ZR 55/13

  1. 1.

    A patent claim directed to a manufactured product as such that defines that product among other things by the mere capacity for a certain function, a certain purpose or a use or effect, without laying claim to this use alone, is not new, if such an object belonged to the state of the art in the literal sense of the word, and displayed the relevant capacity, even if the possibility of a use or effect corresponding to this capacity was not known to the person skilled in the art at the date or priority.

  2. 2.

    However, novelty may only be confirmed if no teaching and no prior use were publicly available in the state of the art whose subject matter would have been capable of use according to the indications as to function, purpose and effects defined in the patent claim.

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Patent Act, Sec. 3. “Drive Mechanism for Garage Doors” (Antriebsvorrichtung für Garagentore). IIC 47, 620–626 (2016). https://doi.org/10.1007/s40319-016-0485-6

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Keywords

  • Patent Act
  • Patentable subject matter
  • Person skilled in the art
  • State of the art
  • Date of priority
  • Novelty