Topics: Application to Amend
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LD Mannheim, 2 April 2025, Decision of the Court of First Instance, UPC_CFI_359/2023
Strict Application Principle for Amending Patents in Defense Against Revocation: Art. 76 (1) UPCA contains a strict application principle. Accordingly, a patent proprietor, who wishes to defend its patent in a limited version, has to submit a clear and comprehensive Application to amend the patent. This includes situations where the proprietor wishes to rely on…
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LD Helsinki, February 11, 2025, procedural order regarding changes in a case, UPC_CFI_214/2013
The main issues to be considered when addressing the admissibility of changes in a case are that the nature of the frontloaded procedure of the UPC must be protected and that during the process there are no such changes that the defendant’s right to defence is compromised.: If these two premises are protected there is…
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CD Paris, November 5, 2024, Revocation action, UPC_CFI_309/2023
R. 30 (1) (c) RoP does not set out the consequence that all amendments proposed (auxiliary requests) should be dismissed en bloc as not meeting the criterion of being reasonable in number.: Only some of the proposed auxiliary requests may be admitted. The Court can limit a patent by an amendment of the claims and…
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CD Paris, July 29, 2024, Decision concerning the revocation action No. ACT_555899/2023, UPC_CFI_263/2023
Admissibility of defense with non-attacked claims: The request to amend the patent which concerns both claims challenged by the revocation action and claims not challenged by it is inadmissible (only) with regard to these latter claims. Defense with features from non-attacked claims admissible: In a situation in which the patent is not entirely attacked, the…
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LD Munich, July 31, 2024, Decision on the merits, UPC_CFI_233/2023
Applicable standard concerning novelty: In order to be considered part of the state of the art (Art. 54 (1) EPC), an invention must be found clearly integrally, directly and unambiguously in one single piece of prior art and in its existing form, it must be identical in its constitutive elements, in the same form, with…
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LD Duesseldorf, August 2, 2024, Procedural order concerning Application to Amend, UPC_CFI_355/2023
Admissibility of (later) applications for amendments: If auxiliary requests filed in the context of an application for amendment of the patent are to be amended later, the scope of R. 263 RoP is not open from the outset. The conditions under which applications for amendment of the patent are admissible are laid down in R.…
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LD Duesseldorf, August 5, 2024, subsequent request to amend patent, UPC_CFI_363_2023
Rule 30.2 RoP leaves open the time of a decision on the admission of a subsequent request for amendment of the patent: The time of the decision is at the discretion of the court. The judge-rapporteur may postpone such a decision. A rejecting order is not required. As long as the subsequent request for amendment…
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CD Paris, July 2, 2024, order on CMS workflows in revocation action, UPC_CFI_484/2023
Whenever certain workflows are provided, parties shall use the correct workflows for lodging documents. : If there is a separate workflow for the Application to amend the patent, the party should use this workflow instead of filing the Application in the same submission as the Statement of Defense. This makes the CMS more transparent and…
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CD Paris, February 27, 2024, late-filed amendments to the patent (rejected), UPC_CFI_255-2023CD
Alignment of defenses in different proceedings: In a case in which the patent proprietor applied to amend the patent in due time (that is, within the time period for lodging the defence to revocation) and then requested a change of this original application within his next deadline (rejoinder to the reply to the defence and…
3 min Reading time→
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