• Court of Appeal, October 16, 2026, Order, UPC_CoA_145/2026

    Discretionary decisions on belated patent amendments under Rules 30.2 and 263 RoP are subject to limited appellate review: Applications to amend a patent under Rule 30.2 RoP or amend a case under Rule 263 RoP fall within the first-instance court’s judicial discretion. The Court of Appeal will not substitute its own assessment unless the appellant…

  • LD Paris, October 16, 2026, Decision, UPC_CFI_684/2025, UPC_CFI_2279/2025

    Inventive Step: Starting Points Evaluated as a Whole and Strict Thresholds for Combinations (Art. 56 EPC): A realistic starting point must be evaluated as a comprehensive technical disclosure taken as a whole. Selecting an isolated drawing or embodiment merely because it structurally resembles the invention constitutes impermissible hindsight. Because the skilled person lacks inventive imagination,…