SONN Patentanwälte – IP Attorneys

UPC Central Division: Amendment of the patent

The claimant requested that the Court rule that no further amendments may be filed. The Court sees no legal basis for preventing or categorically excluding the filing of further auxiliary requests or for instructing the defendant to make the auxiliary requests more convergent. However, an announcement to reserve the right to amend these auxiliary requests as necessary, e.g. to combine them and/or to change the order of the auxiliary requests in the further course of the proceedings, shall not be considered equal to a submitted auxiliary request, since this submission lacks a concrete proposal. (Munich Central Division, UPC 31 January 2024, CFI 252/2023)