UPC Local Division: Change in Claim

The inclusion of another member state in the list of countries for which a judgment for patent infringement is requested extends the scope of the original action. The claimant stated in their application that at the time the action was filed, the national part of the patent in dispute was not in force in the Netherlands. Following a successful reinstatement, the patent in dispute is now in force in the Netherlands. The claimant learned of the reinstatement on 7 November 2024. According to the court, it would therefore have been possible for him to prepare an application for the inclusion of the Netherlands in the action within four weeks and to apply for it by mid-December 2024. The application was however only filed on 17 January 2025. This is about ten weeks after the decision of the Dutch Patent Office became known. No convincing reason was given for this delay. The application could therefore have been made at an earlier stage of the proceedings with due care and must therefore be dismissed (LK München 28. 2. 2025, CFI 483/2024).