All Topics

Subscribe
Article
UPC CoA Confirms “gold Standard” For Added Matter In Sibio v Abbott
The Court of Appeal of the Unified Patent Court recently issued a decision examining whether omitting an elastomeric sealing member from a patent claim constitutes added matter, applying the EPO's "gold standard" test while emphasizing the importance of functional and structural relationships between features. The ruling provides crucial insight into how the UPC approaches intermediate generalizations and whether its methodology differs from the notoriously strict EPO practice on added subject-matter.
Luxembourg IP
HL
HGF Ltd
Article
Court Of Appeal, August 31, 2026, Order, UPC_CoA_312/2025
The Court of Appeal of the Unified Patent Court addresses the procedural requirements for obtaining suspensive effect when filing an application for rehearing under Article 81(2) UPCA. The decision clarifies that suspensive effect is not automatic and requires independent substantiation beyond the grounds for rehearing itself, with applicants needing to demonstrate concrete, irreparable prejudice to justify departure from the default rule of continued enforceability.
Luxembourg IP
BP
Bardehle Pagenberg
See more