UPC CoA, 5 November 2025: Ex officio finding that the skilled person cannot derive a corresponding disclosure from the earlier application
21-12-2025 Print this page
Added matter (Article 138(1)(c) EPC, Article 123(2) EPC, Article 153(4) EPC). The court may, ex officio, find that the skilled person cannot derive a corresponding disclosure from the earlier application. This finding must be determined on the basis of the skilled person's understanding when reading the earlier application in its entirety. With a translation of an international application into one of the official languages of the EPO the applicant submits the application documents to the EPO in the language of the proceedings and it can be assumed prima facie that such a translation submitted by the patent applicant himself accurately reflects the content of the international application in the language of the application. Third parties and the court may, when assessing the inadmissible extension, rely prima facie on the translation of the application submitted by the patent proprietor to the EPO and published by it. If the patent proprietor claims that this translation is incorrect, he must prove the inaccuracy.
