Topics: public prior use
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LD Duesseldorf, November 5, 2026, decision on infringement and counterclaim for revocation, UPC_CFI_466/2025 & UPC_CFI_869/2025
Strict proof of identity for prior public use (Art. 54 EPC): The party alleging prior public use bears the full burden of proving that all claimed features were publicly accessible without confidentiality prior to the priority date. A complete and verifiable chain of identity between the tested sample and the delivered product is mandatory. Unresolved…
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CoA, October 21, 2026, final decision, UPC-CoA-582/2025 et all.
Public prior use: Making available a manufacturing method by use pursuant to Art. 54(2) EPC: A manufacturing method of a publicly used product is made available to the public by use pursuant to Art. 54(2) EPC if, at the application date, the person skilled in the art could establish the method without undue burden by…
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