Topics: obviousness
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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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LD Düsseldorf, May 13, 2025, decision on second medical use claims, UPC_CFI_505/2024 (sic!) [UPC_CFI_505/2023]
Requirements for the finding of infringement of second medical use claims: For a finding of infringement of second medical use claims, the claimant must show and prove (i) as an objective element, that there is either a prescription for use according to the patent, or at least additional circumstances showing that such use may be…
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Central division (Section Munich), Decision in Revocation Action, UPC 1/2023, UPC 14/2023
Claim interpretation: When interpreting a patent claim, the person skilled in the art does not apply a philological understanding, but determines the technical meaning of the terms used with the aid of the description and the drawings. A feature in a patent claim is always to be interpreted in light of the claim as a…
5 min Reading time→
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