UPC CoA 8/2026

At the UPC: PAPST LICENSING GmbH & Co. KG (11 cases)·European Patent Office (2 cases)

• 2026-02-09
  Action against the decision of the EPO (RoP97)Public

  Summary: German-language decision of the Court of Appeal (Standing Judge Simonsson) dismissing Papst Licensing's appeal against the Paris Central Division decision (UPC_CFI_1771/2025). The CoA confirmed that Art. 3(1) of Regulation 1257/2012 cannot be interpreted to allow registration of unitary effect for a patent that does not designate all participating member states (Malta was not designated). Papst's requests for preliminary rulings to the CJEU were rejected as unnecessary. Each party bears its own costs per Art. 66(2) UPCA.

  Show the legal issues (4)

  • Unitary effect registration (Art. 3(1) Reg. 1257/2012)
  • Designation of all participating member states required
  • No interpretation contra legem
  • CJEU preliminary reference (Art. 267 TFEU)