UPC CFI, LD Munich ,17 October 2025: Provisional measures and Auxilliary requests on amended versions of patents.

Provisional measures rejected. (Article 62 UPCA, Rule 206 RoP) . Auxiliary requests seeking provisional measures on amended versions of the patent rejected .(Rule 211 RoP, Rule 30 RoP). 

In view of the prior art, there are sufficient doubts as to whether claim 1 of the patent can be considered new and patentable under Article 54 EPC.

Prior art “Yoo“ discloses a neuromodulation system for treating patients , preprogrammed stimulation data with a spatial component , and also preprogrammed stimulation patterns with spatial and temporal components. 

Amendment of claim wording : 

Alternative versions of claims are not subject to examination in injunction proceedings. 

Auxilliary requests in which, proceedings for interim relief are asserted on an alternative claim version that deviates from the granted version, to counter doubts about validity are generally to be rejected. 

If the patent proprietor considers it necessary to amend the wording of the claims of a patent, it means that the patent in its granted form is probably not valid. In this case, the court cannot normally be convinced of the validity of the patent in its granted form, which is solely decisive for the proceedings under Art. 62 UPCA . 

The question of whether a patent can remain valid in an amended version only arises, in the context of an action for revocation or a counterclaim for revocation, where requests for amendment of the patent are made pursuant to Rule 30 of the Rules of Procedure. 

Rule 30 is not applicable in proceedings for interim measures under Article 62 UPCA 

IPPT20251017, UPC CFI, LD Munich, Onward Medical v Niche Biomedical