Author: Jakob Scheffel
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LD Paris, April 10, 2026, order on provisional measures, UPC_CFI_1594/2025
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).: The lack of novelty need not stem solely from what is explicitly, immediately and unambiguously disclosed in a prior art document. It may also arise from what is necessarily implied,…
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CD Milan, April 10, 2026, Revocation action, UPC_CFI_480/2025
If any legitimate mapping of prior art onto claim features destroys novelty, the patent must be revoked (Art. 54 EPC).: When assessing novelty, the Court will examine the disclosure of the prior art document overall and will compare this disclosure to the scope of the patent-in-suit. If one way of “mapping” leads to the assessment…
