UPC CFI, LD The Hague: No need to amend case because of a B2 version which has retroactive effect

No need to amend case because of amended B2 version of European Patent (R. 263 RoP). 

Article 68 EPC clarifies that from the outset the patent shall be deemed not to have had the effects specified in Art. 64 and Art. 67 EPC to the extent that the patent is limited. Therefore, already on the date on which the SoC was filed, the B1 version of the patent no longer existed and had been replaced by the B2 version with retroactive active effect. Thus, the B2 text is deemed to exist/be valid from the date on which the patent was first granted. 

IPPT20250804, UPC CFI, LD The Hague, Advanced Brain Monitoring v Philips