UPC: Strict Standard for Inadmissible Extension of the Scope of Protection after Grant

In these revocation proceedings, the Central Division Paris addresses the fundamental prohibition against extending the scope of protection to preserve legal certainty for third parties. Article 123(3) of the European Patent Convention aims to protect the legal certainty of third parties by prohibiting any extension of the protection conferred by the patent claims after the time of grant, regardless of whether such an extension would arise directly and unambiguously from the application as originally filed. The protection may be extended in some aspects and limited in others. For the assessment under Article 123(3) of the European Patent Convention, it is sufficient to identify an embodiment covered by the amended patent but not by the patent as granted to establish an inadmissible extension of the scope of protection. (CD Paris 18. 3. 2026, CFI 417/2025, CFI 509/2025, CFI 528/2025)