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DE – Sufficiency of Disclosure and Enablement

28 Oct 2019

Sufficiency of Disclosure and Enablement German Federal Court of Justice, judgment dated January 8, 2019 – docket no. X ZR 58/17

In its judgment dated January 8, 2019, docket no. X ZR 58/17, the German Federal Court of Justice consolidates its previous case law regarding the requirements of a clear and complete disclosure of an invention. For the purpose of such a disclosure, it is not necessary that all conceivable embodiments covered by the wording of the patent claim may be realized with the aid of the information disclosed in the patent. Rather, it usually suffices if at least one enabling way of achieving the invention is disclosed.

A full copy of the report can be read here.

Reported by Dr. Axel B. Berger and Dr. Nils Lindenmaier, Bardehle Pagenberg