SONN Patentanwälte – IP Attorneys

  1. EPO Board of Appeals

    Art. 15a RPBA grants the Board the discretion to hold oral proceedings under Art. 116 EPC by videoconference if it considers this appropriate. This scope of application is general and not limited to pandemic situations. The Board exercises its discretion taking into account the specific circumstances...

  2. EPO Board of Appeal: Clarity regarding a relative improvement of a known effect

    If a claimed invention is defined by the use of a feature known per se to achieve a technical effect known per se, and the alleged technical contribution of the invention lies in a relative improvement of this effect, the clarity requirement under Art. 84 EPC generally demands that...

  3. EPO Board of Appeal: No interpretative somersaults in case of contradiction with the description

    Even when applying the recent EBA decision G 1/24, a patent claim should not be interpreted more narrowly on the basis of features from embodiments than the person skilled in the art would understand it in view of its pure wording. In the event of a contradiction between the claim wording and the...

  5. EPA - Enlarged Board of Appeal: No continuation of the proceedings by an intervener following withdrawal of the appeal

    Following the withdrawal of all appeals, opposition appeal proceedings cannot be continued with a third party who has intervened in the proceedings under Art. 105 EPC as an alleged infringer. The intervener does not acquire the status of an appellant corresponding to that of a person entitled to...

  6. UPC Local Division: Preliminary Objection

    The alleged incompatibility of the legal bases of the UPC, in particular the provisions of the UPCA, with the requirements of European primary law in the form of the TEU and the TFEU, and the alleged invalidity of the UPCA resulting therefrom, is not a ground for objection within the meaning of R...

  7. UPC Local Division: Protection of Confidential Information

    The claimant requests that access to confidential information of the cost assessment proceedings (proof of legal fees) be restricted to the defendant and their lawyers. The application is granted. The defendant is therefore prevented from making the subject matter of the application known to third...

  8. UPC Local Division: Dispute

    Objections based on an alleged lack of knowledge are generally not taken into account. The Rules of Procedure do not recognize this form of submission (LK Düsseldorf 13. 5. 2025, CFI 505/2024).

  9. UPC Local Division: Cost Assessment Proceedings

    If the Court of Appeal has made a decision on costs in the proceedings for the ordering of interim measures in accordance with R 242.1 RoP, an application for the assessment of costs in accordance with R 151 RoP is also admissible following this decision. If a party in the provisional proceedings...

  10. Bifurcation of Revocation Counterclaim

    On 5 August 2024, the claimant filed an action for patent infringement against a total of 14 defendants. The notice of the publication of the grant of the patent was published on 14 August 2024. On the same day, 14 August 2024, 6 defendants and two other group-affiliated companies filed an action...

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