Facts
Zeller Plastik GmbH is the owner of a patent for a plastic snap hinge. Createchnic AG and Alfatechnic AG also sell plastic snap fasteners. Zeller Plastik GmbH sued the defendants for patent infringement. The Commercial Court dismissed the claim, as the plaintiff's patent was declared invalid due to lack of inventive step.
The plaintiff appealed the judgment of the Commercial Court. The Federal Supreme Court ordered an evidentiary procedure to review the technical facts. However, the instructing judge rejected the plaintiff's requests for evidence.
Considerations
The Federal Supreme Court states that the assessment of inventive step is based on a valuative weighing of technically relevant factual circumstances. The concept of inventiveness only begins beyond the zone that lies between the prior art and what the averagely skilled person in the relevant field can further develop and find.
The decisive factor is whether such a skilled person can already arrive at the solution of the disputed patent with little mental effort, or whether additional creative effort is required. Patentable technical creativity requires an achievement that exceeds the natural…