Germany: Patent

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There is a basis for concern regarding an expert’s bias if – from the perspective of a knowledgeable and reasonable observer – certain circumstances give rise to justified doubts as to the expert’s impartiality or independence i.e., there is a likelihood that the expert’s decision will be influenced by factors other than the aforementioned duties.

Novelty may be destroyed by implicit disclosure where the skilled person would inevitably infer a feature from the prior art (Art. 54, Art. 138(1)(a) EPC).