UPC Analytics
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Legal issues

Cross-cutting view of legal principles, recurring arguments, and the prior art the court relies on.

Legal principlearbitrary selection from several equivalent possibilities does not contribute to inventive stepClear all

Filtering to principle: arbitrary selection from several equivalent possibilities does not contribute to inventive step

Clear principle filter
Most-litigated legal principles
Recurring legal principles across 1 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.
PrincipleCasesDecidedPatentee success
claim interpretation uses technical meaning for skilled person, not philological meaning; patent description may act as its own lexicon110%
priority right under art. 87 epc: subject-matter of claim must be derivable directly and unambiguously from the priority application by skilled person using common general knowledge110%
inventive step assessment starts from a realistic starting point in prior art; multiple realistic starting points are permissible and there is no requirement to identify the 'most promising' starting point110%
inventive step denied where skilled person would be motivated to arrive at the claimed solution and would implement it as a next step; absence of reasonable expectation of success does not follow merely from existence of alternative solutions in prior art110%
for denying inventive step it is sufficient that skilled person without inventive contribution would arrive at a result covered by the claim110%
arbitrary selection from several equivalent possibilities does not contribute to inventive step110%
Most-rejected arguments
Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.
ArgumentPartyCases
ep 3 666 797 b1 main request and all 17 auxiliary requests are valid and inventiveRespondent1
Most-cited prior art
References relied on across substantive merits cases, with the role they typically play.
ReferencePredominant roleCases
prior art starting points in the anti-PCSK9 antibody field (multiple realistic starting points identified by Central Division)Obviousness combination1