UPC: Indicative Value of Statements by the Applicant during Prosecution

In this decision, the Local Chamber Munich addresses the legal significance of the prosecution file for subsequent claim construction. Statements made by the patent applicant during examination proceedings do not constitute prosecution history for the interpretation of the granted patent within the meaning of Article 69 of the European Patent Convention. Nor are such statements of the applicant during examination binding for construction in subsequent infringement or revocation proceedings. However, they can serve as an indication of the skilled person's understanding of the teaching of the granted patent at the priority date, because the applicant themselves typically has the best understanding of their invention and the associated technical knowledge. (LC Munich 11. 3. 2026, CFI 180/2025, CFI 210/2025)