Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Aug 21, 2026
In this decision, the Local Chamber Vienna highlights the parties' duty of cooperation and the preclusion rules for evidence in revocation proceedings. The Rules of Procedure require that the counterclaim for revocation…
Read more →In this decision, the Vienna Local Chamber emphasizes the extensive duties of parties to submit evidence and arguments in a timely manner in proceedings before the Unified Patent Court. The Rules of Procedure require…
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 →To determine whether a submission was “admissibly raised” within the meaning of the conditional clause in Article 12(4) RPBA, the Board of Appeal places itself in the position of the department of first instance and…
Read more →The Board of Appeal is not obliged to take into account facts concerning the admissibility of an appeal or an opposition that are submitted late by a party at any stage of the proceedings (EPO BoA 29 Nov 2024, T 458/22,…
Read more →The claimant requested that the Court rule that no further amendments may be filed. The Court sees no legal basis for preventing or categorically excluding the filing of further auxiliary requests or for instructing the…
Read more →Jul 25, 2022
If a patent proprietor chooses not to file any submissions during the opposition proceedings but to present them only with its statement of grounds of appeal, this amounts to bringing an entirely fresh case in appeal…
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