Legal issues

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

Filtering to principle: Technical effect or advantage over prior art may indicate inventive step

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
claim interpretation: skilled person applies technical meaning of terms using description and drawings, not philological reading; description may serve as patent's own lexicon	1	1	0%
priority: claimed invention is 'same invention' under art. 87 epc if skilled person can derive claim subject-matter directly and unambiguously from priority application using common general knowledge	1	1	0%
inventive step: starting point is a realistic prior art starting point (not necessarily the 'most promising'); there may be several realistic starting points	1	1	0%
non-obviousness does not follow merely from the fact that alternative solutions existed in the prior art; decisive question is whether the claimed solution is non-obvious	1	1	0%
a feature selected arbitrarily from several possibilities cannot generally contribute to inventive step	1	1	0%
technical effect or advantage over prior art may indicate inventive step	1	1	0%

Most-rejected arguments

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

Argument	Party	Cases
ep 3666797 is inventive; claimed anti-pcsk9 antibody formulation with specific ph and concentration features represents a non-obvious solution	Respondent	1
auxiliary requests 1–17 each independently confer inventive step	Respondent	1

Most-cited prior art

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

No prior-art data in the current scope.