UPC CFI, CD Paris, 30 March 2026 : Revocation of independent claim does not automatically affect the validity of dependent claims.
23-07-2026 Print this page
Partial revocation on grounds of added subject matter following invalidation of independent claim 1 in appeal. (Article 65 UPCA, Rule 75 RoP , Article 123 (2) EPC).
The revocation of an independent claim (1) does not automatically affect the validity of unchallenged dependent claims. (Article 65 UPCA , Article 84 EPC)
as the latter may possess autonomous patentability due to additional technical features.
The remaining claims stay in force and shall operate as new independent or dependent claims. Evidently, where the claim is revoked, the proprietor is typically required to file an application to amend to recast a dependent claim into an independent form.
The patent must be formally restructured to ensure that the new configuration is clear and consistent. (Article 84 EPC).
It is possible to include multiple independent claims in the same category (Rule 43 (2) RoP)
where the subject-matter of the patent relates to interrelated products, different uses of a product or apparatus, or alternative solutions to a particular problem.
Deletion of claims allowed - no substantive amendment of claims (Rule 30 RoP).
As a general rule, while the mere deletion of claims may not necessitate a consolidated document, any substantive amendment requires the applicant to submit a complete set of the amended claims.
Such recasting amounts to a mere, mandatory adaptation of the patent specification following revocation of certain claims, devoid of any changes in the technical features.
