Overview · Filed: —
ACT_571669/2023
RevocationMain Revocation ActionParis CDRevocation Action—
This case cites
Authorities cited within the decisions on file for this case.
EPC article · 5
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| Article 65(3) UPCA | claim amendment | Binding | the Court, according to Art. 65 (3) UPCA, limits the patent by a corresponding amendment of the claims and revokes it (only) in part |
| Article 76(1) UPCA | claim amendment | Binding | Art. 76 (1) UPCA rules that the Court shall decide in accordance with the requests submitted by the parties. |
| Article 138(1)(c) EPC | added matter | Binding | KEYWORDS: Person skilled in the art; Added matter; Art. 138 (1) (c) EPC; Art 123 (2) EPC; claim interpretation; Art 65.3 UPCA |
| Article 123(2) EPC | added matter | Binding | KEYWORDS: Person skilled in the art; Added matter; Art. 138 (1) (c) EPC; Art 123 (2) EPC; claim interpretation; Art 65.3 UPCA |
| Article 69 UPCA | security for costs | Binding | In accordance with Article 69 UPCA and Rule 118.5 RoP the Defendant, as the unsuccessful party, the Patent being revoked entirely, has to bear the legal costs |
Rules of Procedure · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 50.2 | claim amendment | Binding | Independent of an application to amend the patent as may be filed by the patent proprietor (R 50 (2) RoP) the Court, according to Art. 65 (3) UPCA, limits the patent |
| 50.2 | claim amendment | Binding | according to R 50.2 RoP with R 30.1 (c) proposed amendments, if they are conditional like in the present case, must be reasonable in number |
Cited by
Subsequent UPC decisions citing this case.
Not yet cited in another decision in our corpus.