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UPC CFI 461/2025

Jun 6, 2025·EP1516720 · Composite element comprising a polyurethane adhesion promoter

Case details
Status
Case Closed (Patent upheld as amended)
Action
Revocation
Category
Main revocation action
Parties
Claimants
Representatives
Respondents
Representatives
Division
Paris CD
Technology
  • Chemistry
    Basic materials chemistry · Surface technology, coating
  • Other fields
    Civil engineering
Language
German
First decided
Apr 22, 2026
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Patent revokedMedian days to first decision
All UPC37% (34/91)124
Paris CDLockedLocked
Judge Maximilian HaedickeLockedLocked
Judge Tatyana ZhilovaLockedLocked
Judge Nicolai GeierLockedLocked

At the UPC: Huntsman (EUROPE) BV (4 cases)·BASF Group (6 cases)

Decisions
  • 2026-04-22
    Revocation ActionPublic

    Summary: The revocation action against EP 1 516 720 was dismissed as to the granted form: claims 1 and 4 lack inventive step starting from D19, and claim 9 lacks novelty over D19, so the patent in its granted form is declared invalid. However, the patent is maintained in the amended form of Auxiliary Request 1, which narrows the adhesion-promoter composition in claims 1 and 9 to polyisocyanates reacted with polyetherols and/or polyesterols at a defined isocyanate index. Costs are split 70% claimants / 30% respondent, with the court ruling only on claimants' costs as respondent filed no cost request.

    Show the legal issues (8)
    • standing/legal interest (Rechtsschutzinteresse) to challenge an expired patent
    • admissibility of corrected auxiliary requests (editorial amendments)
    • claim construction of 'reactive adhesion promoter layer' and 'noch reaktionsfähig'
    • novelty of claims 1, 4, 9 over D11 (WO 99/00559) and D14 (GB 1 356 564)
    • lack of inventive step of claims 1 and 4 starting from D19 (WO 98/01279)
    • lack of novelty of claim 9 over D19
    • density ranges (features 2.2.3 and 2.3.2) as routine technical choices within common general knowledge
    • validity of Auxiliary Request 1 — admissibility under Art. 123(2) EPC and patentability
Document titleDatePublic
Other Documents2026-08-07Not public
Other Documents2026-06-29Not public
Receipt2026-06-22Not public
Cover sheet2026-06-22Not public
Application document Defendant2026-06-22Not public
Receipt2026-06-11Not public
Cover sheet2026-06-11Not public
Application document Claimant2026-06-11Not public
Receipt2026-05-22Not public
Cover sheet2026-05-22Not public
Accepted arguments
What the court agreed with — by party.
  • Legal interest to bring revocation action exists even after patent expiry because respondent threatened damages claims for the in-force period (Belgian evidence-preservation proceedings)

    ClaimantLegal basis: Art. 65 UPCA; general procedural law on Rechtsschutzinteresse
  • Claims 1, 4 and 9 are novel over D11 because D11 does not disclose: (a) the required density of the adhesion-promoter layer (feature 2.2.3), and (b) the adhesion-promoter being applied as a still-reactive two-component liquid mixture

    RespondentLegal basis: Art. 54 EPC
  • Claims 1, 4 and 9 are novel over D14 because D14 discloses a single-component isocyanate prepolymer adhesive, not a two-component reactive mixture, and does not disclose polyurethane-containing adhesion promoter with the claimed density

    RespondentLegal basis: Art. 54 EPC
  • Claims 1 and 4 lack inventive step starting from D19, because D19 already discloses the two-component reactive polyurethane adhesion promoter applied in liquid form while still reactive, and the remaining distinguishing features (density ranges 2.2.3 and 2.3.2) represent routine technical choices within common general knowledge as evidenced by D12 and D11

    ClaimantLegal basis: Art. 56 EPC
  • Claim 9 lacks novelty over D19 because D19 discloses the same use of a reactive polyurethane adhesion promoter still reactive when foam is applied, and claim 9 contains no density limitation to distinguish it

    ClaimantLegal basis: Art. 54 EPC
  • Auxiliary Request 1 is not an inadmissible intermediate generalisation: the patentee may choose the scope of its amendment, and claim 1 as granted does not require identity between the first and second adhesion-promoter applications

    RespondentLegal basis: Art. 123(2) EPC
  • The arguments raised by claimants against Auxiliary Request 1 (D9, D10, D11, D14) cannot undermine patentability given those same documents failed against the granted claims

    RespondentLegal basis: Art. 54, 56 EPC
Rejected arguments
What the court did not agree with — and why.
  • Claims 1, 4 and 9 lack inventive step starting from D11 in combination with D14, D19, D20 or D21 because those combinations would lead the skilled person to the claimed reactive two-component adhesion promoter

    ClaimantLegal basis: Art. 56 EPC
  • Claims 1 and 4 lack inventive step starting from D22, even in combination with D14, D20 or D21

    ClaimantLegal basis: Art. 56 EPC
  • Auxiliary Request 1 claims 1 and 9 are unclear because features 3.2.1/Vw2.2.1 implicitly presuppose that the reaction is complete before application

    ClaimantLegal basis: Art. 84 EPC
  • Auxiliary Request 1 constitutes an inadmissible intermediate generalisation because the restriction to specific polyols in step B is not applied equally to the optional second adhesion-promoter in step D

    ClaimantLegal basis: Art. 123(2) EPC
  • The adhesion promotion in the patent is achieved merely by using a PUR adhesion-promoter layer as such, without the layer needing to remain reactive at the time of foam application

    ClaimantLegal basis: claim construction / Art. 69 EPC