Key takeaways
Unitary effect under Article 3(1) of Regulation 1257/2012
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Unitary effect under Article 3(1) of Regulation 1257/2012 requires a patent to be granted for all UPC Member States; a “carve-out” for non-designated states is not permissible.
Division
UPC Court of Appeal
UPC number
UPC_CoA_8/2026
Type of proceedings
Appeal against a decision concerning an Application to annul a decision of the EPO to reject a request for unitary effect
Parties
Appellant: PAPST LICENSING GmbH & Co. KG
Respondent: EPO
Patent(s)
EP 3 327 608
Body of legislation / Rules
Art. 3(1) of Regulation 1257/2012, Art. 267 TFEU
