Category: European Patent Office
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EPO appellate ruling highlights uncertainty over need to address all auxiliary requests
A newly published EPO appeal decision supports allowing opponents to defer arguments against unexamined auxiliary requests, highlighting continuing uncertainty in Board of Appeal case law.
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EPO board of appeal refers major claim-construction, added-matter, and referral questions to Enlarged Board of Appeal
A Technical Board of Appeal 3.3.05 has referred fundamental questions on claim interpretation and added matter to the Enlarged Board of Appeal, while also asking whether the EBA’s traditionally restrictive approach to accepting referrals should be reconsidered.
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German innovative strength has significantly weakened due to insufficient investment in R&D, report reveals
China has taken ownership of more than 11,300 patents developed in Germany over the past ​two decades, and that number is likely to keep increasing, according to a study by the ‌German Economic Institute (IW).
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UPC Milan LD stays Spanish long-arm infringement claim pending national revocation: a first
The UPC’s Milan LD confirmed long-arm jurisdiction over Spanish distributor Motocard, but stayed the infringement claim for Spain pending a national revocation action, the first such stay by the UPC.
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UPC Munich LD proceeds with expert evidence on infringement despite EPO opposition panel’s revocation decision
The UPC’s Munich Local Division denied a stay of infringement proceedings despite the EPO having revoked the patent.
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Cross-border injunctions “have their place” but can be “big ask”: Sandoz Global Head of IP Julia Pike
There is a place for cross-border injunctions, but in more nuanced cases (such as Regeneron v. Advanz) it’s a “big ask” for one country to take that decision itself on behalf of all those other countries, the company’s Global Head of IP Julia Pike has told ip fray.
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UPC success rate, EPO convergence debate and changing the “status quo”: day one of Patent Litigation EuropeÂ
ip fray breaks down the highlights from the first day of the fourth annual Patent Litigation Summit Europe, which featured a full day agenda dedicated to Unified Patent Court Litigation discussions.
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Quantum-related patents increased fivefold in past decade, but high barriers to adoption: OECD-EPO report
While the number of international patent family applications has surged fivefold since 2014, 80% of companies in the sector do not have quantum as their main activity, and Europe faces notable challenges in commercializing its technology.
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UPC CoA: translation of specification presumed accurate if it formed basis of EPO examination; court can decide added matter even without written argument
The UPC’s CoA affirmed the Dusseldorf LD’s finding of invalidity over added matter.
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EPO’s Enlarged Board of Appeal: reproducibility irrelevant to eligibility of sold product as prior art and ability to destroy novelty
Context: The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) made a decision on claim construction last month that aligns its case law with that of the Unified Patent Court’s (UPC) Court of Appeal (CoA) (June 18, 2025 ip fray article). We will continue to report on EBA decisions that we believe…