INFORMATION FROM THE CONTRACTING / EXTENSION STATES
DE Germany
Decision of the Bundesgerichtshof (Federal Court of Justice), 10th Civil Senate, dated 19 November 1991 (X ZR 9/89)*
Headword: Heliumeinspeisung (Helium feed)
Sections 6, 6a Patent Law 1978; Section 14 Patent Law 1981;Article 69 EPC
Keyword: "Extent of protection conferred by the patent -Preparations to use a protected process"
Headnote
1. The preparation of items for use of a patented process cannot normally - other than in the case of use claims - be regarded as use of that process.
2. Preparations - except in the case of use claims - do not constitute use of a protected process if there is no urgent need to extend the patent's scope in this way, because
(a) they might reasonably have been included in the claims as drafted, or
(b) they have not reached a stage giving rise to the advantages of the protected process and at which they can justifiably be equated with actual use of the process.
DE 1/92
* Translation of the official headnote. The full text of the original is reported in GRUR 1992, 305, and Mitt. 1992, 64.