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“Radio-Controlled Wristwatch” (Funkarmbanduhr)

Decision of the Federal Supreme Court (Bundesgerichtshof) 3 November 2015 – Case No. X ZR 47/13

  1. 1.

    Sufficient disclosure is given to perform a teaching if the person skilled in the art is capable, without inventive skill and without unreasonable burden, of performing the teaching of the patent claim practically and with the desired success on the basis of the overall disclosure of the patent specification in combination with general technical knowledge on the day of registration or of priority.

  2. 2.

    The question whether the invention is disclosed with sufficient clarity and detail that a person skilled in the art can perform it only arises with respect to the test for grounds for revocation according to Art. II(6)(1) No. 2 of the Act on International Patent Treaties, but not with respect to the requirement of industrial application in the test for the revocation ground of lack of patentability pursuant to Art. II(6)(1) No. 1 of that Act.

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Notes

  1. 1.

    Figure 3 of document E6.

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Act on International Patent Treaties, Art. II(6)(1) Nos. 1 and 2. “Radio-Controlled Wristwatch” (Funkarmbanduhr). IIC 47, 848–854 (2016). https://doi.org/10.1007/s40319-016-0519-0

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Keywords

  • European patent
  • Subject-matter of patent claim
  • Patentability
  • Person skilled in the art
  • Industrial application
  • Prior art