Topics: Sufficiency of Disclosure
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LD Paris, October 16, 2026, Decision, UPC_CFI_684/2025, UPC_CFI_2279/2025
Inventive Step: Starting Points Evaluated as a Whole and Strict Thresholds for Combinations (Art. 56 EPC): A realistic starting point must be evaluated as a comprehensive technical disclosure taken as a whole. Selecting an isolated drawing or embodiment merely because it structurally resembles the invention constitutes impermissible hindsight. Because the skilled person lacks inventive imagination,…
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CD Milan, October 9, 2026, Central Revocation Action, UPC_CFI_1587/2025
Added-matter objections require identifying the extended subject-matter (Headnote 1, mn. 108 et seq.): The party alleging added matter must identify, by means of a specific comparison, the subject-matter of the original disclosure that is said to have been extended in the laterapplication or divisional patent (Art. 65(2) UPCA, Art. 123(2), 138(1)(c) EPC). A large number…
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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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