Under Rule 106 EPC, a petition for review by the Enlarged Board (Art. 112a EPC) based on a procedural defect is generally admissible only if the defect was objected to during the appeal proceedings,…
The European Innovation Act, proposed on 9 September 2026, has understandably attracted attention chiefly as a procurement measure, although Chapter 3 creates a separate architecture for IP-backed…
Winning the jurisdiction argument in a long-arm case is not the same as having a claim. On 2 June 2026 the UPC Court of Appeal confirmed that the Mannheim Local Division had been right to hear…
The first question before a European launch is not whether the product infringes. It is where, against whom, on what record and on what timetable that question will be tested. Market-entry opinions…
The least reliable line in a European patent portfolio review is the one that looks most reliable. Opted out: yes. The field is binary, the source is public, and the answer takes four seconds to…
A patent's future construction can be shaped before an infringement action begins. At the European Patent Office, a passage retained, rewritten or deleted during opposition may influence how a court…
As readers will be aware, last Thursday, the European Patent Office ("EPO")'s Enlarged Board of Appeal ("EBA") published a new decision (G 1/25) in the saga of referrals seeking guidance on the…
Before the Unified Patent Court, a launch communication leads a double life. It can show that infringement is imminent. It can also fix the moment when the right holder knew enough to ask for…
G 1/25, the long-awaited decision on adaptation of the description, was issued today. Adaptation will continue to be required at the EPO, but only if a claim amendment introduces an inconsistency…
This is just a short post on an interesting new development on exceptions to the EPO’s strict approach to admissibility on appeal. T 715/24 reason 2 suggests that claim interpretation is to be…
