UPC CFI, CD Munich, 8 April 2026: Inventive step - Prior art of same technical field can be used to assess whether invention solves a different technical problem.
03-07-2026 Print this pageIPPT20260408, UPC CFI, CD Munich, WIRPLAST v VILPE
Patent valid, revocation action dismissed (Article 65 UPCA, Rule 25 RoP).
Inventive step present (Article 56 EPC)
Subject-matter of claim 1 is not obvious over prior art (D1) and the skilled person’s common general knowledge. Even if a certain prior art document (D1) in the same technical field (ventilation devices) as the patents considered to be a realistic starting point, it can be relevant for the assessment of inventive step that it relates to a different kind of device and solves a different problem than the invention of the patent.
Skilled person wouldn’t reach the claimed subject-matter patent even if he considers combining the teaching (roof fan) of prior art D1 with the teachings of other prior art.
