Key takeaways
Public prior use: Making available a manufacturing method by use pursuant to Art. 54(2) EPC
A manufacturing method of a publicly used product is made available to the public by use pursuant to Art. 54(2) EPC if, at the application date, the person skilled in the art could establish the method without undue burden by analysing the product’s composition. There is no support in the EPC for an additional requirement that the skilled person would need particular reasons for analysing the product.
A publicly available product disclosing information relevant to the novelty of a claimed manufacturing method must enable the skilled person to use that method based on their common general knowledge, while features outside the claimed invention need not be reproducible.
Reversal of the burden of proof for the use of a patented process
Art. 55(1) UPCA does provide a basis for a reversal of the burden of proof. On the basis of this provision, the burden of proof of the use of a patented process is reversed where the subject-matter of a patent is a process for obtaining a new product and an identical product is produced without the consent of the patent proprietor
Division
CoA Luxembourg
UPC number
UPC-CoA-582/2025 UPC-CoA-594/2025
UPC-CoA-590/2025 UPC-CoA-595/2025
UPC-CoA-591/2025 UPC-CoA-596/2025
UPC-CoA-592/2025 UPC-CoA-597/2025
UPC-CoA-593/2025 UPC-CoA-602/2025
Type of proceedings
Infringement and Counterclaim for Revocation proceedings
Parties
APPELLANT IN APPEAL 602/2025, RESPONDENT IN APPEALS 582/2025 AND 590/2025 TO 597/2025, CLAIMANT AND COUNTERDEFENDANT IN THE PROCEEDINGS BEFORE THE COURT OF FIRST INSTANCE: Agfa NV
RESPONDENTS IN APPEAL 602/2025, APPELLANTS IN APPEALS 582/2025 AND 590/2025 TO 597/2025 DEFENDANTS AND COUNTERCLAIMANTS IN THE PROCEEDINGS BEFORE THE COURT OF FIRST INSTANCE: Gucci Sweden AB; Guccio Gucci S.p.A.; Marbella Pellami S.p.A.; G Commerce Europe S.p.A.; Gucci Logistica S.p.A.; GG Luxury Goods GmbH; Gucci France SAS; GG France Services SAS; Gucci Belgium SA; Gucci Sweden AB
Patent(s)
EP 3 388 490
Jurisdictions
UPC
Body of legislation / Rules
Art. 55(1) UPCA, Art 54(2) EPC
