SONN Patentanwälte – IP Attorneys

National rules on patent infringement are irrelevant for the EPO

For the purpose of examining whether the requirement of Art 123 (3) EPC that the European patent shall not be amended in such a way that its scope of protection is extended are complied with, national infringement laws, for example with regard to contributory infringement, are not taken into account (EPO Board of Appeal 14/10/2021, T 970/17).