UPC: Lack of Legal Interest in the Revocation of Dependent Claims
July 14, 2026
In this procedural decision, the Court of Appeal addresses the legal interest in the revocation of dependent patent claims. A decision on whether the subject-matter of a dependent patent claim is not disclosed in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art (Article 138(1)(b) European Patent Convention) is not required for lack of legal interest on the part of the revocation (counter)claimant, if the revocation (counter)claim is already unsuccessful against the independent patent claim to which the dependent patent claims refer directly or indirectly, and which therefore has a scope of protection encompassing the dependent patent claims. (UPC 17. 2. 2026, CoA 302/2025, CoA 305/2025)