Almost two years have passed since the launch of the UPC on June 1st, 2023, and we are witnessing an increasing number of decisions. The validity assessment by the UPC appears to be a blend of the EPO’s approach and national practices, particularly known from Germany. This might likely be influenced by the fact that more than a third of the UPC judges hail from Germany. However, in some respects, the UPC seems to carve its own path, especially with respect to the procedural law.
When litigating patents before the UPC, it is crucial to understand the standards such as for claim construction, inventive step, and sufficiency of disclosure applied by the UPC and to what extent these standards diverge from those of the EPO and national courts. Equally important is the knowledge of any differences in procedural rules applied in proceedings before the UPC, EPO, and national courts.
Based on the so far available UPC case law, this seminar will analyze selected UPC decisions on validity, elucidating the differences and similarities between the UPC’s approach on the one hand and the practice of the EPO and German courts on the other hand.
Join us in person as we discuss with experienced practitioners from judiciary, the EPO, and advocacy topics such as:
- Major differences and similarities in the assessment of validity by the UPC, EPO and German courts
- Procedural aspects to consider in revocation proceedings before the UPC
- Recent developments and trends
- Best practices
Presenters:
Antje Brambrink
Johannes Druschel
Jochen Herr
Moritz Meckel
