Formstein defence

In the context of German patent law, the Formstein defence is a well-known defense against an alleged infringement by equivalents, wherein the alleged infringer claims that the embodiment alleged to be equivalent (to the subject-matter claimed in the patent) is not patentable and therefore the doctrine of equivalents does not apply.[1] It is similar to the UK's Gillette defense and the U.S. Wilson case.[2] The name "Formstein" means "molded kerbstone" and comes from a landmark decision of the Federal Court of Justice of Germany (Bundesgerichtshof) issued in 1986.[2][3][4]

References

  1. ↑ Peter Guntz (8–9 November 2012). EPO boards of appeal and key decisions: The decisions of the boards of appeal – a national judge's perspective (Part 1 of 3). Munich, Germany: European Patent Office. 5:52 to 6:23 minutes in. Retrieved November 16, 2013.
  2. 1 2 Groves, Peter (January 1, 2011). A Dictionary of Intellectual Property Law. Edward Elgar Publishing. p. 130. ISBN 9781849807784.
  3. ↑ IIC. 28: 795. 1987. Missing or empty |title= (help);
  4. ↑ Schneidmesser II; GRUR 1986, p 803. Federal Court of Justice of Germany, April 29, 1986.
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