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<a href="http://www.accessmylibrary.com/coms2/summary_0286-26297490_ITM" title="Facts and information about Mondaq Business Briefing -Bardehle, Pagenberg, Dost, Altenburg, Geissler, IsenbruckGermany - Interpretation of Patent Claims - Influence of Prior Art and the Knowledge of the Skilled Person for the Scope of Protection.">Mondaq Business Briefing -Bardehle, Pagenberg, Dost, Altenburg, Geissler, IsenbruckGermany - Interpretation of Patent Claims - Influence of Prior Art and the Knowledge of the Skilled Person for the Scope of Protection.</a>
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Mondaq Business Briefing -Bardehle, Pagenberg, Dost, Altenburg, Geissler, IsenbruckGermany - Interpretation of Patent Claims - Influence of Prior Art and the Knowledge of the Skilled Person for the Scope of Protection.
(From Mondaq.com)
I. Historic development
After the introduction of claims as patent requirement by the Patent Act of 1981, it became the task of the Patent Office to determine the subject matter of the invention and for the courts to determine the scope of the patent 1 . The meaning of the claim was to be interpreted by taking into account the understanding of the average person skilled in the art, not the intent of the inventor 2 . Because of the separation between infringement and invalidation procedures under German Law, the infringement courts were not competent to invalidate a patent. When novelty-defeating prior art was detected by the defendant, ...
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