- Comparison of Patent Claim Construction between Netherlands and Germany on Basis of AGA v. Occlutech
- World Intellectual Property Report
- Volume | Issue number
- 27 | 6
- Pages (from-to)
- Document type
- Faculty of Law (FdR)
- Institute for Information Law (IViR)
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.
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