UPC CFI, LD Dusseldorf , 15 January 2026 : Proprietorship, no direct infringement and more
14-04-2026 Print this page
Patent valid (Article 65 UPCA) but not infringed. (Article 25 UPCA)
The law prioritizes registration over the entitlement where a claimant wants to obtain a decision to remove the effects of a granted patent (Rule 8.6 RoP, Rule. 25 RoP) .
It is for the registered proprietor and the entitled proprietor to apply to the Court for the substitution of the registered proprietor in a situation of non-identity (Rule 42.2, 61.2 RoP).
Different situation in a case of a counterclaim of revocation where entitlement of the registered person is effectively rebutted in the infringement action and the question of the entitlement is decisive for the infringement.
No direct infringement because not every claimed component is shown. (Article. 25 UPCA)
If a product consists of different components, the alleged infringing product must show every claimed component.
Cases where only certain features of a product are infringed may be examples for an indirect infringement (Article. 26 UPCA), but not for direct infringement.
Order of judge rapporteur not allowing the exchange of further written pleading and not allowing late amendment of the case to include indirect infringement confirmed by panel (Rule. 36 RoP, Rule. 263 RoP, Rule. 333.2 and 333.3 RoP)
