Inventive Step in Europe and the US: Comparing the UPC, EPO and National Approaches

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In November 2025, the UPC Court of Appeal issued two decisions, establishing a clear test for the assessment of inventive step at the Unified Patent Court. We will discuss what this new “holistic approach” means for those wishing to defend or attack patents at the UPC, and how it compares to established tests at the EPO and in national courts in Europe and the US.

Discussion topics will include:

• The UPC’s “holistic approach” to inventive step
• Comparison to the EPO’s “Problem-Solution Approach”
• Inventive step in national courts, including the UK, Germany, and the US

Moderator:
Amanda Murphy, Ph.D.

Presenters:
Jamie Barcombe
Antje Brambrink
Jin Ooi