UPC Central Division: Retrospective evaluation of inventive step

When assessing the inventive step under Art 56 EPC from a legal perspective, it should always be borne in mind that it must be avoided that an invention is assessed with knowledge of the invention, i.e. retrospectively. This also applies when common general knowledge is relied upon. Also in such a case, it is usually necessary for the person skilled in the art to have an incentive to arrive at the claimed subject matter based on the state of the art (Central Division Munich, 20 November 2025, CFI 836/2024).