Legal issues

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

Filtering to principle: late-filed documents and proportionate response rule

Most-litigated legal principles

Recurring legal principles across 1 cases with reasoning extracted. Success rate counts patentee-favorable outcomes only.

Principle	Cases	Decided	Patentee success
admissibility of patent amendments in partial revocation actions	1	1	100%
late-filed documents and proportionate response rule	1	1	100%
priority date cuts off prior art for inventive step (art. 56 epc)	1	1	100%
front-loaded procedure and inadmissibility of new grounds not responsive to defence	1	1	100%

Most-rejected arguments

Arguments that the UPC has not accepted, ranked by repeat occurrences across cases.

Argument	Party	Cases
late-filed prior art documents mb2 and mb4 should be admitted and undermine inventive step	Claimant	1
request to amend patent is inadmissible with respect to non-challenged claims	Claimant	1
new grounds for revocation introduced in reply to defence constitute permissible arguments	Claimant	1

Most-cited prior art

References relied on across substantive merits cases, with the role they typically play.

Reference	Predominant role	Cases
MB2 (European patent application published 9 September 2016)	Obviousness combination	1
MB4 (unspecified prior art document)	Obviousness combination	1