Topics: Art. 123(2) EPC
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CD Milan, October 9, 2026, Central Revocation Action, UPC_CFI_1587/2025
Added-matter objections require identifying the extended subject-matter (Headnote 1, mn. 108 et seq.): The party alleging added matter must identify, by means of a specific comparison, the subject-matter of the original disclosure that is said to have been extended in the laterapplication or divisional patent (Art. 65(2) UPCA, Art. 123(2), 138(1)(c) EPC). A large number…
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LD Duesseldorf, October 6, 2026, Decision, UPC_CFI_137/2025, UPC_CFI_512/2025
Under Rule 171(2) RoP, a defendant is not required to provide counter-measurements if the claimant’s initial measurements regarding a claim feature are inherently unconvincing and inconclusive✓ Where the claimant’s experimental data fails to isolate the alleged buffering effect from the geometry of multiple casing inlets, the proof remains inconclusive on its face. In such circumstances,…
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LD Helsinki, April 29, 2026, decision on infringement and validity, UPC_CFI_214/2023, UPC_CFI_403/2025
Parties select equivalence approach absent CoA case law: When assessing an issue where there is no Court of Appeal case law, such as equivalence, and where both parties have argued based on the same Court of First Instance case law, legal certainty and/or the right of defence guides the local division to adopt a similar…
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Central Division (Munich), February 24, 2026, Decision, UPC_CFI_829/2024
Patentees must draft precise numerical ranges in composition claims; unclear bases risk added matter (Art. 65(1),(2) UPCA; Art. 138(1)(c) EPC).: The Court construed the coposition as claimed in claim 1 of the Patent as comprising a range of marker molecule calculated in respect of the total sugar composition, while the application disclosed that the amounts…
3 min Reading time→
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