Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Jul 10, 2026
The term “the same invention” in Article 87 EPC is to be interpreted such that a claimed invention is to be regarded as the same invention as the invention in an earlier application if a person skilled in the art can…
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 →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 →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 →Aug 12, 2022
Does the EPC confer jurisdiction on the EPO to determine whether a party validly claims to be a successor in title as referred to in Art 87 (1) (b) EPC?If the above question is answered in the affirmative: Can a party B…
Read more →(i) The Board of Appeal is empowered to and must assess the validity of a priority right claim as required by Art 87 (1) EPC; (ii) the BoA’s interpretation of the expression “any person” in Art 87 (1) EPC confirms the…
Read more →In connection with generic "OR" claims within the meaning of the decision on partial priorities G 1/15, the right of a partial priority can be transferred independently of the generic priority right. However, such a…
Read more →For reasons of consistency, the rationale of decision G 1/15 (concept of partial priority) must also apply in the context of deciding whether an application from which priority is claimed is thefirst applicationwithin…
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