INFORMATION FROM THE CONTRACTING / EXTENSION STATES
DE Germany
Judgment of the Bundesgerichtshof (Federal Court of Justice) dated 27 October 1998
(X ZR 56/96) *
Headword: "Sammelförderer" (Collecting conveyor)
Section 14 PatG (Patent Law) 1981
Art. 69 EPC and Protocol on Interpretation
Keyword: "Interpretation of (European) patent - doctrine of equivalents" - "EP 095 603"
Headnote:
A patent has not necessarily been infringed "on the basis of its literal wording", ie using identical means, if the skilled person can arrive at the contested embodiment - not expressly mentioned in the patent's claim or description - from his common general knowledge and technical skill, and thus has the invention's teaching available without needing to go into its subject-matter, for this formulation also includes embodiments which qualify as equivalents.
DE 1/01
* Translation of official headnote of the judgment, which was published in full in Mitt. 1999, 365.