Comparison of Patent Claim Construction between Netherlands and Germany on Basis of AGA v. Occlutech
Abstract
This article provides a brief overview on how the Dutch and German courts interpret the claims of a patent. It briefly compares each national approach on the basis of the recent AGA v Occlutech litigation in both countries. The dispute between AGA and Occlutech involved socalled ‘‘occluders’’, a collapsible medical device for closing defects in the septum wall of the heart through cardiac catheterisation. Items discussed are: claim construction and judicial balancing under the new "Protocol for the Interpretation of Art. 69 of the European Patent Convention", equivalence, pioneer inventions and file wrapper estoppel.
Industriële eigendom, Octrooirecht
Bibtex
Article{nokey,
title = {Comparison of Patent Claim Construction between Netherlands and Germany on Basis of AGA v. Occlutech},
author = {Tsoutsanis, A.},
url = {http://ssrn.com/abstract=2262859},
year = {0627},
date = {2013-06-27},
journal = {World Intellectual Property Report},
number = {6},
abstract = {This article provides a brief overview on how the Dutch and German courts interpret the claims of a patent. It briefly compares each national approach on the basis of the recent AGA v Occlutech litigation in both countries. The dispute between AGA and Occlutech involved socalled ‘‘occluders’’, a collapsible medical device for closing defects in the septum wall of the heart through cardiac catheterisation. Items discussed are: claim construction and judicial balancing under the new "Protocol for the Interpretation of Art. 69 of the European Patent Convention", equivalence, pioneer inventions and file wrapper estoppel.},
keywords = {Industriële eigendom, Octrooirecht},
}