Topics: Art. 138(1) EPC
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CD Munich, UPC 523/2025, Revocation action, issued on September 2, 2026
Lack of entitlement under Art. 138(1)(e) and Art. 60(1) EPC requires showing that the proprietor has no rights to the patent.: The requirement in Art. 138(1)(e) EPC that a European patent may be revoked if the proprietor is not entitled under Art. 60(1) EPC should be interpreted as meaning that the proprietor does not have…
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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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