Revocation because of added matter (Article 138(1)(c) EPC). An inadmissible extension of the subject matter occurs if the subject matter of the granted claim extends beyond the content of the application as originally filed. In order to determine this, the court must first ascertain what information a person skilled in...

Consultation December 1st, 2025 - January 9th, 2026 - The Commission has launched a stakeholder consultation to support the implementation of the AI Act’s obligation for providers of general-purpose AI models to identify and comply with reservation of rights expressed by rightsholders.

The European seed and plant breeding sector is undergoing rapid technological and regulatory transformation, driven by advances in biotechnology, climate pressures, and shifting policy expectations. In this context, the European Commission commissioned this study to assess how the current intellectual property (IP)...

The court has jurisdiction to hear the case against the Korean defendant regarding Poland, Spain and the United Kingdom in accordance with Art. 71b (2), Art. 7 (2) Brussels Ia Reg.) Defendant infringes upon the patent-in-suit in Poland, Spain and the United Kingdom (Article 25 UPCA)  by shipping attacked embodiments to...

There is no relationship of rule and exception between design protection and copyright protection, such that, when assessing the originality of subject matter of applied art, it is necessary to apply stricter requirements than are laid down for other types of subject matter. 

No interlocutory revision of decision of the EPO to reject a request for unitary effect. An expedited action against a decision of the Office under Rule 97(1) RoP, falls under the exception set out in Rule 85(2) RoP. Compliance with the time limit under Rule 7(3) UPR is mandatory and excluded from re-establishment of...

On 4 November 2025, the Administrative Committee decided to amend the Table of Court fees and relevant provisions of the Rule of Procedure of the UPC and the Guidelines on the determination of Court fees.

Preliminary injunction for direct infringement (Article 25 UPCA, Article 62 UPCA, R. 211 RoP), order to communicate information (Article 67 UPCA), recall (Article 64(2)(b) UPCA )and cost award (Article 69 UPCA). Patent more likely than not valid. No added matter (Article 123(2) EPC): The Court concurs with the...

Temporary Agent. As of September 1st 2026. Alicante, Spain. A Member of a Board of Appeal of the EUIPO will be expected to review cases and prepare decisions on appeals against decisions of the first instance of the Office (trade mark or design examination, opposition, cancellation and design invalidity) and, in the...

After covering the case law of the Unified Patent Court since the Court opened its doors at 1 June 2023, we can proudly proclaim that we have passed the milestone of 1.000 UPC-decisions published and reported at IP-PorTal. All in the special IPPT-format with hyperlinks to earlier cases and the relevant Articles of the...

The notion of due cause can balance trademark protection and freedom of expression. However, the proprietor of a trademark with a reputation need not tolerate a third party’s use of an identical or similar sign when such use mainly seeks to exploit the mark’s reputation to promote a political programme. If the...

Request for predetermined time limits for not yet represented defendants accepted (R. 9.3 RoP, R. 23 RoP).The defendants 1-3 and 6-7 not yet represented by counsel would agree to also instruct counsel to represent them in the present proceedings and to accept the requested time limit regime regardless of the date of...

 Even an imminent infringement in Germany is sufficient to establish the local jurisdiction of the German Local Divisions (Article 32(1)(c) UPCA, Article 33(1)(a) UPCA). In view of the circumstances of the case […] it is possible that the contested embodiments will be exhibited at IFA 2025 and that they will make use...

IPPT20250904, UPC LD Mannheim, Huawei v MediaTek
Security for costs regarding Claimant residing in China (Art. 69 (4) UPCA, R. 158.1 RoP). The Local Division Mannheim has so far not been able to successfully serve a judicial document in the People's Republic of China (where Claimant resides) in any of the many...

Preliminary injunction and other provisional measures for direct patent infringement (Article 25 UPCA, R. 209 RoP). If a defendant, upon invitation, fails to lodge an objection to an application for provisional measures the case can be decided by means of a regular order (R. 206 RoP, R. 209.1(a) RoP, R. 355.1(a) RoP)...

Request denied for discretionary appeal review of order dismissing leave to amend counterclaim for revocation by introducing new prior art (R. 263.2 RoP, R. 220.3 RoP). Under these circumstances, and without further convincing explanations from CERACON as to the reasons why EP’480, with reasonable diligence,

No discretionary appeal review of panel confirmation of rejection of request for further written pleadings (regarding new allegedly infringing products) (R. 220.3 RoP, R. 36 RoP). CFI's exercise of discretion cannot be regarded as manifestly wrong. The CFI has not deprived CENTRIPETAL from its right to bring separate...

Preliminary objection rejected in revocation action, claiming lack of jurisdiction because claimant in this revocation action is a straw company and effectively the same party as in previous proceedings regarding the same patent before the LD Düsseldorf (R. 19 RoP, R. 20 RoP, Article 33(4) UPCA). European Union law...

Ex parte anti-anti-suit injunction (R. 211 RoP). The undisturbed conduct of proceedings before the UPC should be secured as a whole. No objections to the version of the application insofar as it extends to equivalent judicial or official measures, since in this respect it is not the formal designation of the judicial...

Cilag waited almost three months, until 6 February 2025, before sending a letter to Rivolution. Cilag also did not take action immediately [...] in a letter to Rivolution of 26 March 2026 (in reply to Rivolution’s response of 20 February 2025). It then took until the end of April, 29 April 2025. The tender that...