UPC: Milan Central Division on Revocation Action Becoming Devoid of Purpose After EPO Revocation

In these proceedings, the Milan Central Division addresses the consequences of a complete revocation of the patent in suit by the European Patent Office on a parallel revocation action pending before the Unified Patent Court. Since the patent was finally and fully revoked (ex tunc) by the Opposition Division of the European Patent Office, the application for revocation of the patent before the Unified Patent Court has become devoid of purpose, so that there is no longer any reason for a decision on the merits. A request to declare the revocation action devoid of purpose only on the condition that the defendant provides a non-confidential undertaking not to assert any divisional application of the patent against the plaintiff does not fall within the scope of Rule 360 of the Rules of Procedure. The plaintiff has failed to demonstrate that a judicial decision on the revocation action still serves a legal purpose. The revocation action is directed exclusively against the (now revoked) patent and not against any broader scope of protection. Furthermore, the mere fact that the patent in suit was revoked does not mean that any divisional applications—even if properly applied for and granted—will necessarily share the same fate. (CD Milan 13.3.2026, CFI 722/2025)