UPC CFI, CD Paris : 12 January 2026 : Partial patent revocation, claim interpretation, technical contribution and more
15-04-2026 Print this page
Decision by default (Rule 355 RoP). Patent partially revoked (Article 65 UPCA). Claim 1 lacks inventive step (Article 56 EPC).
Claim interpretation (Article 69 EPC)
Feature 4 of claim 1; “valve structure (24, 26, 28): The language of feature 4 makes clear that only two valves are mandatory, a gas supply valve (26) and a vent valve (28). This is confirmed by the patent specification.
Interpreting feature 3 of claim 1 using dependent claim 3: Although claim 3 is not subject to this revocation action, its dependency on claim 1 implies that claim 1 encompasses embodiments where the controller is partly located at the facility and partly at a remote location.
Lack of inventive step – technical contribution (Article 56 EPC).
When assessing inventive step, only the features that contribute to the technical effect shall be taken into consideration.
