Article · Wikipedia archive · Last revised Jun 30, 2026

Formstein defence

In the context of German patent law, the Formstein defence is a well-known defense against an alleged infringement by equivalents, wherein the alleged infringer claims that the embodiment alleged to be equivalent is not patentable and therefore the doctrine of equivalents does not apply. It is similar to the UK's Gillette defense and the U.S. Wilson case. The name "Formstein" means "molded kerbstone" and comes from a landmark decision of the Federal Court of Justice of Germany (Bundesgerichtshof) issued in 1986.

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In the context of German patent law, the Formstein defence is a well-known defense against an alleged infringement by equivalents, wherein the alleged infringer claims that the embodiment alleged to be equivalent (to the subject-matter claimed in the patent) is not patentable and therefore the doctrine of equivalents does not apply.1 It is similar to the UK's Gillette defense and the U.S. Wilson case.23 The name "Formstein" means "molded kerbstone" and comes from a landmark decision of the Federal Court of Justice of Germany (Bundesgerichtshof) issued in 1986.245

See also

See also

References

References

  1. Peter Guntz (8–9 November 2012). EPO boards of appeal and key decisions: The decisions of the boards of appeal – a national judge's perspective (Part 1 of 3). Munich, Germany: European Patent Office. 5:52 to 6:23 minutes in. Retrieved November 16, 2013.
  2. Groves, Peter (January 1, 2011). A Dictionary of Intellectual Property Law. Edward Elgar Publishing. p. 130. ISBN 9781849807784.
  3. Wilson Sporting Goods v. David Geoffrey
  4. "Federal Supreme Court (Bundesgerichtshof) 29.04.1986 Case No. X ZR 28/85 "Moulded Curbstone" (Forms". IIC. 28: 795. 1987.
  5. Schneidmesser II; GRUR 1986, p 803. Federal Court of Justice of Germany, April 29, 1986.