UPC CFI, CD Munich , 20 November 2025 : Partial revocation of patent and scope of revocation action.

Patent partially revoked for lack of inventive step , to the extent it covers more than auxiliary request III, with claims 5 and 6 remaining unchanged. (Article 56 EPC, Rule 25 RoP, Rule 30 RoP). 

There is no lack of clarity in the amended claim 1 in which the numerical value of the angle (40° - 60°) has been changed (Article 84 EPC)

Lack of inventive step in Claims 3 and 6 of the patent. (Article 56 EPC). When assessing inventive step, it should always be borne in mind that it must be avoided that an invention is assessed retrospectively. This also applies when common general knowledge is relied on. 

Scope of Revocation action. 

If the claimant in revocation action decides not to attack one or more claims of the patent as granted, the court and the defendant are bound to this scope of the action. 
 

IPPT20251120, UPC CFI, CD Munich, Baussmann v Raimund Beck Nageltechnik