Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
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 →Aug 1, 2025
The widespread availability and use of chatbots based on large language models or artificial-intelligence techniques does not, by itself, justify assuming that an answer generated by such a system accurately reflects…
Read more →The two standards of proof traditionally relied upon by the EPO Boards of Appeal – the “balance of probabilities” and the “beyond reasonable doubt” tests – can be applied in straightforward cases. However, this binary…
Read more →May 1, 2025
If a party believes that a technical argument must be supported by a private expert opinion, that party must present the technical argument to the Court in a concise and comprehensible manner. Merely referring to a…
Read more →May 22, 2023
If, during the application or opposition proceedings, the applicant or patent proprietor introduced some differences regarding the definition of a certain chemical compound in a claim with respect to the definition in…
Read more →If for acknowledgement of inventive step the patent proprietor relies on a technical effect and has submitted evidence, such as experimental data, to prove such an effect, this evidence not having been public before the…
Read more →May 18, 2021
The Board of Appeal is empowered to review appealed decisions in their entirety, including questions of law and fact. This even applies to findings of fact of the first instance, even if these are at least partly based…
Read more →In the case of cumulative lines of argument that build on each other, a complete presentation of the reasons, as Article 108 EPC and Article 12 RPBA have always demanded, requires the presentation of all facts, which…
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