Topics: common general knowledge
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CD Milan, May 4, 2026, Revocation Action, UPC_CFI_552/2025
The skilled person under Art. 56 EPC is a notional figure, i.e., affiliations to specific companies are irrelevant and inadmissible as differentiating characteristics: The skilled person represents an average level of knowledge in the relevant technical field, reflecting common general knowledge at the priority date. This fictitious individual cannot be identified with any real person.…
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LD Paris, January 16, 2026, decision on the merits, UPC_CFI_702/2024, UPC_CFI_369/2025
Action on Infringement of Swiss part of European patent (non-UPC, Lugano Convention state): In view of the CJEU decision BSH vs Electrolux, the UPC does not have jurisdiction to rule on the validity of the Swiss part of the EP (non-UPC state, Lugano Convention). But it can rule on infringement unless there is a reasonable…
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Court of Appeal, December 29, 2025, decision on revocation action, UPC_CoA_71/2025
Accuracy of translation to be checked at an early stage: The Appellant argued that a translation of a Korean prior art document filed by the Respondent in first instance was incorrect and at best inaccurate and filed own translations on appeal. The CoA holds that these translations are late filed and shall be disregarded. Given…
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CD Paris, November 29, 2024, revocation action, UPC_CFI_307/2023
Common general knowledge: The common general knowledge is information which has been commonly known to the skilled person from written sources or from practical experience in the relevant technical field available at the prior date: it includes knowledge which is directly available from familiar sources of information relating to the specific technical field but does…
4 min Reading time→
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