Topics: subsequent request to amend
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LD Paris, July 29, 2026, Order on subsequent request to amend the patent and on late submissions, UPC_CFI_530/2025
A subsequent request to amend the patent under Rule 30.2 RoP is only admissible under exceptional and cumulative circumstances: The claimant must demonstrate that the amendment could not have been filed earlier with reasonable diligence, and that it does not unreasonably hinder the defendant(s) in conducting the proceedings. Both conditions must be met cumulatively (see…
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LD Duesseldorf, September 12, 2025, procedural order on subsequent application to amend patent, UPC_CFI_733/2024
Proportionality, flexibility, fairness, and equity are criterions for exercising discretion on admission of subsequent application to amend the patent: In exercising its discretion pursuant to R. 30.2 RoP, the court assesses whether an admission of a subsequent application to amend the patent complies with the principles of proportionality, flexibility, fairness, and equity. Substantial and specific…
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LD Duesseldorf, August 5, 2024, subsequent request to amend patent, UPC_CFI_363_2023
Rule 30.2 RoP leaves open the time of a decision on the admission of a subsequent request for amendment of the patent: The time of the decision is at the discretion of the court. The judge-rapporteur may postpone such a decision. A rejecting order is not required. As long as the subsequent request for amendment…
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Central Division, Paris Seat, 19 July 2024, Decision of the Court of First Instance, UPC_CFI_255/2023
Concurrent pendency of invalidity proceedings before different divisions and criteria for exercising the Court’s discretion, Art. 33 (3) UPCA: In the situation of concurrently pending invalidity attacks by different parties against the same patent before different divisions (here: revocation action before CD and counterclaim(s) for revocation before LD) the local division has a discretion either…
8 min Reading time→
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