SONN Patentanwälte – IP Attorneys

UPC-Court of Appeal: Procedural decisions on change of claim

Pursuant to R 263.2 RoP, a request to amend the claim must be rejected if only one of the situations of exclusion set forth under (a) or (b) (delay or procedural delay) is met. Accordingly, the court must refuse to allow the amendment of the claim if, in exercising its discretion and taking into account all the circumstances of the case, it is not convinced that the amendment could not have been made at an earlier stage with reasonable care (UPC 2.9.2025, CoA 807/2025).