Facts
X. is the holder of Swiss Patent No. 574 026 for a metal snow retainer that can be evenly installed on pitched roofs from the eaves to the ridge. Since 1982, company [A.] has been marketing similar "snow stoppers" made of plastic. X. sued [A.] for patent infringement, whereupon [A.] claimed the patent's invalidity.
The High Court of the Canton of Solothurn partially upheld X.'s claim and ordered [A.] to cease and pay damages. [A.] then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court concludes that X.'s snow retainer lacks the required inventive step and the patent must therefore be declared invalid.
While the snow retainer represents a technical advancement in that it can be used independently of the shape of the roof tiles or panels, the solution to this problem is obvious to the skilled person without any particular inventive effort based on the prior art. Neither the problem to be solved nor the solution itself can be considered an inventive achievement.
T…