The German Federal Supreme Court decides on inventive step

In a decision of February 16, 2016, (X ZR 5/14 „Anrufroutingverfahren“) the German Federal Supreme Court has applied a high standard as to the requirement of an inventive step. The judgement of the German Federal Patent Court, which had maintained the patent, has been amended and the patent has been revoked. The closest prior art was a draft for a technical standard, showing a certain routine for different method steps. According to the German Federal Supreme Court, the skilled person has an incentive to further develop this routine, because the draft was intended to be completed in the further process of standardization by means of supplementing descriptions. Further, the German Federal Supreme Court was of the opinion that, in case that several alternatives are available to the skilled person to solve a problem, all of them can be obvious. In that case, it is generally not important which of the solutions would have been chosen by the skilled person first. The decision shows that, for the assessment of an inventive step, a fairly high standard may be applicable.