UPC Central Division: Amendment of the Patent

A request to amend the patent in suit that covers both claims challenged by the revocation action and claims not challenged is (only) inadmissible with respect to the latter claims. In a situation where the patent in suit is not fully contested, the patent proprietor is entitled to request amendments concerning the challenged claims, including by adding features recited in non-challenged claims but not present in the original claims. Grounds for revocation that could have been raised in the original statement of claim are inadmissible if they do not relate to the content of the other party’s defense or to the request to amend the patent in suit and thus do not constitute a legitimate response to it (Central Division Paris, 29 July 2024, Court of First Instance 263/2023).