UPC Local Division: Interpretation of the “same invention”
July 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 derive the subject matter of the claim directly and unambiguously from the earlier application as a whole, under consideration of general knowledge. This rule corresponds to the disclosure standard for inadmissible extension (Local Division Hamburg, 5 November 2025,CFI 461/2025, CFI 718/2024).