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Is there a trend towards bifurcation at the UPC?

In an order (UPC_CFI_410/2023, ORD_35569/2024) dated 10 July 2024, the Mannheim Local Division referred a revocation counterclaim to the Central Division in Paris previously seized of a parallel stand-alone revocation action,...more

First UPC Court of Appeal decision defines the time limit for filing a Preliminary objection or Statement of defence

On 16 October 2023, the UPC Court of Appeal issued its first ever decision and addressed two interesting procedural issues resulting from the situation where a Statement of claim is served without the documents it refers to...more

European Union to implement a unitary SPC and centralised examination procedure for SPCs

The European Commission has published its long awaited (and delayed) proposals for a substantial revision of the EU regulation on Supplementary Protection Certificates (“SPCs”), which wraps up a series of various legislative...more

Non-binding opinion of the Enlarged Board of Appeal issued in the G 2/21 referral on "plausibility"

The Enlarged Board of Appeal (“EBA”) issued on 13 October 2022 a non-binding communication in the framework of the G 2/21 referral in relation to plausibility and the use of post-published documents in the assessment of...more

The Enlarged Board of Appeal formally seized of a referral concerning the “plausibility” criterion in the assessment of inventive...

The Technical Board of Appeal (“TBA”) No. 3.3.02 has now formally referred questions to the Enlarged Board of Appeal (“EBA”) to determine whether post-published data should always be disregarded in the assessment of inventive...more

Potential referral to the EBA: Is a reconsideration of the plausibility criterion plausible?

Technical Board of Appeal (“TBA”) No. 3.3.02 is about to refer a question to the Enlarge Board of Appeal (“EBA”) to determine whether post-published data should always be disregarded in the assessment of inventive step when...more

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