There are no transitional provisions in connection with Article 34 UPCA. When a signatory state of the UPC ratifies and accedes to the agreement, the application of Article 34 UPCA should take place automatically and…
Read more →To benefit from the deemed novelty under Article 54(5) EPC, claims for a second medical use must relate to a specific use in a method under Article 53(c) EPC. The only reason why such claims can be patentable lies in…
Read more →In the case of a claim for a second medical use, a substance or composition within the meaning of Article 54(4) EPC is used for a specific use that is not part of the state of the art. Such a therapeutic use can be a…
Read more →A transition from a market situation in which only one product is available to one in which two competing products are available is likely to lead not only to price pressure but also to permanent price erosion. This…
Read more →Product-by-process claims are characterized by the fact that the technical content of the invention does not regularly consist in the process as such, but in the technical properties that are conferred on the product by…
Read more →According to R 262A.6 RoP, the number of persons to whom access is restricted shall not be greater than is necessary to ensure the parties' rights to effective judicial protection and a fair trial. At least one natural…
Read more →To assess whether an invention is to be considered obvious in view of the state of the art, the problem-solution approach developed by the EPO should be applied as a priority – as far as possible – in order to increase…
Read more →Sep 12, 2025
Insofar as German law applies to a private right of prior use pursuant to Article 28 UPCA, it is necessary that a firm and final decision on the use of the claimed prior use was made before the priority date (LK…
Read more →Sep 11, 2025
Lawyers and patent attorneys are not exempt from the duty to represent when they are themselves a party in proceedings before the UPC. The duty to represent is an admissibility requirement that affects fundamental…
Read more →If a party bases its argument regarding the necessity and urgency exclusively or at least primarily on a single event or time window in which a patent infringement allegedly occurs – such as a trade fair or, as in the…
Read more →Before the UPC, neither a legal representative of a legal entity nor any other natural person who has extensive administrative and financial powers within that legal entity - whether as a result of holding a senior…
Read more →Pursuant to Article 74(1) UPCA, an appeal does not have suspensive effect unless the Court of Appeal decides otherwise upon a reasoned request by one of the parties. The Court of Appeal can therefore only grant the…
Read more →The written procedure before the Court of Appeal is limited to the submission of a statement of grounds of appeal and a statement of defence in appeal proceedings. Additional grounds of appeal that are not submitted…
Read more →If a claimant files an action for revocation without the patent proprietor having given cause for the action, and the patent proprietor waives the patent immediately at the start of the proceedings, an exception may be…
Read more →An impermissible extension ("added matter") exists if the granted claim comprises subject matter that goes beyond the content of the original application. In order to determine whether an impermissible extension exists,…
Read more →As a general principle for the interpretation of patent claims, so-called "means-plus-function" features are to be understood as any embodiment capable of performing the function in question (UPC 14. 2. 2025, CoA…
Read more →Sep 4, 2025
The interpretation of a patent claim is a legal question. Therefore, the court cannot delegate the judicial task of claim interpretation to an expert, but must interpret the claim independently. The skilled person is a…
Read more →Sep 1, 2025
A request for apportionment of costs is not inadmissible merely because it is filed after the appeal proceedings have terminated. Such a request can initiate an ancillary procedure to resolve issues arising from the…
Read more →Aug 25, 2025
On August 14, 2025, our former Senior Partner Helmut Sonn passed away at the age of 86. With his passing, the world of intellectual property has lost not only a leading patent attorney, but a formative spirit who shaped…
Read more →Whether the replacement of a patent claim by a new claim containing a multitude of alternatives is admissible under Rule 80 EPC must be assessed on a case-by-case basis. The competing interests of the parties must be…
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