UPC CFI 1771/2025

At the UPC: PAPST LICENSING GmbH & Co. KG (11 cases)

• 2025-12-30
  Action against the decision of the EPO (RoP97)Public

  Summary: Decision by the Paris Central Division (acting as administrative court under Rule 97 RoP) dismissing PAPST LICENSING's application to annul the EPO's decision rejecting its request for unitary effect for EP 3 327 608. The court upheld the EPO's refusal on the basis that the patent did not designate Malta (a participating member state at the time of grant), and unitary effect requires designation of all participating member states as per Art. 3(1) of Regulation 1257/2012. Key holdings: unitary effect tied to grant, not filing; territorial protection covers all participating states regardless of use; EPO's rejection was mandatory under Rule 7(2) DOEPS; proportionality and fundamental rights arguments rejected.

  Show the legal issues (7)

  • Registration of unitary effect (Art. 3(1) Reg. 1257/2012)
  • Designation of all participating member states required
  • Malta not designated
  • Mandatory rejection by EPO (Rule 7(2) DOEPS)
  • Proportionality of EPO's rejection
  • Fundamental rights (Art. 17, 21 EU Charter)
  • Rule 97 RoP action against EPO decision