Topics: Art. 33 (10) UPCA
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CD Paris, October 20, 2025, revocation action and counterclaim for infringement, UPC_CFI_189/2024, UPC_CFI_434/2024
Inventive step analysis: objective problem, realistic starting points (more than one is possible), obviousness (Art. 56 EPC): The assessment of the inventive requires the following three steps: 1.) Identification of the objective problem underlying the claimed invention, which must be carried out in light of the patent’s specification. The problem should be identified in an…
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UPC Court of Appeal, order of April 30, 2025, UPC_CoA_5/2025 (see also UPC_CoA_237/2025)
Order regarding request for stay of proceedings (R. 295 RoP): In an action for revocation, where both parties agreed to a stay, the appeal proceedings have been stayed pending the outcome of parallel opposition proceedings before the EPO Boards of Appeal, where the opposition proceedings could be expected to result in a final decision soon…
1 min Reading time→ -
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Nordic-Baltic Regional Division, December 11, 2024, order on adjournment of oral hearing, UPC_CFI_380/2023, ACT_582093/2023
The Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO when a rapid decision may be expected from the EPO: The request to stay the proceedings shall be decided on the basis of R. 295(a) RoP in conjunction with Art. 33(10) UPCA. In exercising its…
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Court of Appeal, November 21, 2024, decision on a request for a stay of proceedings, UPC_CoA_511/2024
Stay of proceedings is possible even if no final decision in Opposition is expected: Pursuant to Art. 33(10) UPCA and R. 295(a) RoP, the Court may stay proceedings relating to a patent which is also the subject of opposition proceedings before the EPO where a rapid decision may be expected from the EPO. These provisions…
5 min Reading time→
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