INFORMATION FROM THE CONTRACTING / EXTENSION STATES
NL Netherlands
Decision of the Hoge Raad (Supreme Court) dated 27 January 1989 (Meyn v. Stork)*
Headword: Extraction device
Article 30(2) Patent Act 77; Article 69(1) EPC and Protocol on Interpretation
Keyword: "Scope of protection conferred by a patent - limitation to a particular embodiment - waiver of protection"
Headnotes:
1. The starting point for determining the scope of protection of a patent is the essence of the patented invention.
2. A limitation of the invention to a particular embodiment may only be considered to waive part of the protection if there are good reasons to assume such a waiver on the basis of the patent specification and other information accessible to third parties.
NL 1/97
* Headnotes; the full text of the decision is published in Nederlands Juristenblad 1989, 1852, No. 506, and, in slightly abridged form, in GRUR Int. 1990, 384, and 23 IIC, 529 (1992).