-
1.
An indication of purpose or function of the claimed device contained in a patent claim regularly expresses the notion that the device must be objectively fit for the indicated purpose or function. The patent claim thus remains a product claim directed to a device with which the purposes or functions named can be realised.
-
2.
It is not sufficient for a finding of patentability that, from the perspective of the prior art, the technical solution proposed by the patent in suit has disadvantages or is difficult to realise if the solution proposed by the inventor accepts these disadvantages or difficulties as inevitable (Confirmation of Federal Supreme Court, decision of 4 June 1996 – X ZR 49/94, BGHZ 133, 57 – Rauchgasklappe).
Author information
Consortia
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Translated by Allison Felmy.
Rights and permissions
About this article
Cite this article
Patent Act, Sec. 14. “Belt Tensioner” (Gurtstraffer). IIC 50, 888–895 (2019). https://doi.org/10.1007/s40319-019-00845-6
Published:
Issue Date:
DOI: https://doi.org/10.1007/s40319-019-00845-6