UPC: Revocation Action Rendered Moot after Final Revocation by the EPO

The Central Division Milan rules on the procedural consequences of a parallel, final patent revocation by the Opposition Division of the European Patent Office. Since the patent was definitively and entirely (ex tunc) revoked by the Opposition Division of the European Patent Office, the action for revocation of the patent has become moot, meaning there is no longer any occasion to decide on the merits. A request to declare the revocation action moot only on the condition that the defendant provides a non-confidential undertaking not to enforce any divisional application of the patent against the plaintiffs does not fall within the scope of Rule 360 of the Rules of Procedure. The plaintiff has not demonstrated that a judicial decision on the revocation action continues to serve any purpose. The revocation action is directed solely against the now-revoked patent and not against any scope of protection extending beyond it. The mere fact that the patent in suit was revoked does not mean that any divisional applications – even if properly applied for and granted – must necessarily share the same fate. (CD Milan 13. 3. 2026, CFI 722/2025)