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“Steel Component for Automobiles” (Kfz-Stahlbauteil)

Decision of the Federal Supreme Court (Bundesgerichtshof) 20 October 2015 – Case No. X ZR 149/12

Whether an entitled party can demand transfer of a patent registration or the grant of a co-entitlement to it, or whether a right to be named as (co-)inventor is given, must be assessed by comparing the teaching for which a patent application has been filed with the teaching whose unlawful usurpation is being asserted. The primary factor to be examined in this assessment is the degree of similarity of the two teachings. Whether an unlawful usurpation is present can only be determined in the necessary overall assessment on the basis of similarities ascertained between the teaching claimed to have been usurped and the registered teaching [citations omitted].

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Patent Act, Secs. 8, 63(2) first sentence. “Steel Component for Automobiles” (Kfz-Stahlbauteil). IIC 47, 627 (2016). https://doi.org/10.1007/s40319-016-0493-6

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Keywords

  • Transfer of patent registration
  • Grant of co-entitlement
  • Right to be named as (co-)inventor