Institutions: Luxembourg Court of Appeal
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CoA, October 21, 2026, final decision, UPC-CoA-582/2025 et all.
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…
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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…
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CoA, October 21, 2026, order on the admissibility of appeals, UPC_CoA_149/2026, UPC_CoA_150/2026
An application to change the language of proceedings before the Central Division is not a claim but an exceptional procedural application (Art. 49(6) UPCA, R. 334(h) RoP): According to established case law, the term “case-management decision or order” (R. 333.1 RoP) is to be interpreted broadly. The rejection of an application to change the language…
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Court of Appeal, October 16, 2026, Application to stay proceedings, UPC-CoA-97/2026
Written pleadings themselves must bear the signature of the party (R. 4.1 RoP): Written pleadings and other documents must be signed and lodged with the Registry or the relevant sub-registry in electronic form (R. 4.1 RoP). The written pleadings themselves must bear the signature of the party. It is not sufficient for a party’s representative…
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CoA, October 13, 2026, order on application for leave to appeal, UPC-CoA-88/2026 and UPC-CoA-89/2026
No leave to appeal re. application for re-establishement of rights: Headnote: An application for leave to appeal pursuant to R. 157 RoP in conjunction with R. 221 RoP is inadmissible insofar as it concerns a rejection of the application for re-establishment of rights. According to R. 320.7 RoP, there shall be no right to appeal…
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Court of Appeal, October 12, 2026, Order, UPC_CoA_146/2026, UPC_CoA_147/2026, UPC_CoA_148/2026
Foreseeable professional commitments and school holidays do not amount to “exceptional circumstances” under R. 9.3(a) RoP: Representatives before the Court are expected to organise their professional activities and make appropriate arrangements within their legal teams so as to ensure compliance with procedural time periods. A heavy workload resulting from other pending cases does not, in…
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Court of Appeal, October 8, 2026, Order, UPC_CoA_73/2026
The Court of Appeal reviews ex officio whether a statement of appeal is validly signed under R. 224, R. 4.1 RoP, irrespective of when a party raises the objection✓ Even a belated objection by the respondent regarding the signature of the appellant’s statement of appeal must be examined by the Court on its own motion,…
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Court of Appeal, October 2, 2026, Order, UPC_CoA_99/2026 & UPC_CoA_110/2026
No stay of appeal proceedings under R. 118.2(b) and R. 242.2(a) RoP where the pending nullity action is not between the same parties.: A stay of appeal proceedings pending a decision on invalidity under R. 118.2(b) and R. 242.2(a) RoP requires that the nullity action be pending between the same parties. A nullity action brought…
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Court of Appeal, September 28, 2026, Procedural Order, UPC_CoA_126/2026
Even if the defendant has filed the counterclaim for revocation only conditionally, the defendant may still file an appeal: A defendant who has filed a conditional counterclaim for revocation has a legitimate interest in appealing a first-instance decision refusing to rule on an action for revocation, even after it has been determined that there was…
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Court of Appeal, September 28, 2026, Order, UPC_CoA_40/2026
No further pleadings or evidence are permitted once the appellate proceedings have reached an advanced procedural stage: The Court confirmed its broad case-management discretion to prevent additional written submissions at a late stage, consistent with the RoP’s objective of efficient, front-loaded proceedings. An appellant’s request to disregard a witness statement and related submissions as late-filed,…
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Court of Appeal, September 30, 2026, order, UPC_CoA_164/2026
Application for public access to the register: An application for public access to the register must be filed in the language of the proceedings. Division Court of Appeal UPC number UPC-CoA-164/2026 Type of proceedings Application for public access to the register proceedings Parties Hurtel Sp. z o.o. Koninklijke Philips N.V. Patent(s) EP 2 867 997…
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Court of Appeal, September 28, 2026, Order, UPC-CoA-140/2026: Re-establishment of Rights for Appeal Concerning Conditional Revocation Counterclaims
Re-establishment of rights (R. 320.1 RoP) requires showing that appeal deadlines were missed despite all due care due to reasons beyond control. Under Rule 320.1 RoP, a party may obtain re-establishment of rights if it missed a statutory deadline despite exercising all due care required by the circumstances. The applicant must demonstrate that the failure…
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CoA, 18 September 2026, appeal against a cost decision, UPC_CoA_121/2026
Under Art. 74(2) UPCA, appeals against revocation decisions have automatic suspensive effect, preserving patent status erga omnes, unlike the general rule in Art. 74(1) UPCA: – This automatic effect reflects the specific nature of validity decisions, which apply erga omnes. Unlike Art. 74(1) UPCA, where suspensive effect requires a motivated request showing exceptional circumstances, Art.…
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CoA, September 21, 2026, order regarding an appeal against an order rejecting a preliminary objection, UPC_CoA_90/2026
Filing a declaration of non-infringement before patent grant raises a question of admissibility, not of UPC competence, under Art. 32(1)(b) UPCA: – Competence pursuant to Art. 32(1)(b) UPCA depends on the claimant’s actual intent in its statement of claim. Because the claimants sought a declaration of non-infringement against granted patents, the action falls within the…
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Court of Appeal, September 29, 2026, Order, UPC-CoA-140/2026: Calculation and Reimbursement of Court Fees for Revocation Counterclaim Appeals
Appeals concerning revocation counterclaims incur first-instance fees plus 10% under R. 228 and R. 370.5(a) RoP, subject to a pre-increase cap. Under Rule 228 and Rule 370.5(a) RoP, the fee for appealing a revocation counterclaim under Rule 220.1(a) RoP equals the first-instance counterclaim fee increased by 10%. This fee mirrors the infringement fee based on…
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CoA, September 3, 2026, Order concerning an application for the preservation of evidence and inspection (R. 192 RoP), UPC_CoA_113/2026
An order to preserve evidence pursuant to Art. 60 UPCA also allows for the seizure of promotional and commercial documents (potentially) proving infringing activities and is not limited to documents concerning the technical details of the product or process in question. : headnote 1: “The scope of application of Art. 60 UPCA is not limited…
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Court of Appeal, August 28, 2026, Decision UPC_CoA_678/2025
Admissibility of patent amendments (R. 30.1 RoP): Review is limited to whether the patentee filed an explanation on Art. 84 and 123(2),(3) EPC compliance — not whether that explanation is convincing. Convincingness is a merits question, decided at the validity stage. Claim construction after amendment: The unamended parts of the description remain a valid explanatory aid for interpreting…
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