UPC: Landmark Court of Appeal Decision on Indirect Patent Infringement and Preliminary Injunctions

In this landmark ruling, the Court of Appeal of the Unified Patent Court addresses key issues regarding indirect patent infringement and the procedural requirements in proceedings for provisional measures. With respect to indirect patent infringement, the Court clarifies that the intended use under Article 26 of the Agreement on a Unified Patent Court (UPCA) can be determined and assumed on the basis of objective circumstances. This applies if objective circumstances exist which allow for a sufficiently certain conclusion that the offered or supplied means is intended to be used by the recipient of the offer or the delivery for exploiting the invention. Regarding provisional measures, the Court of Appeal also made two important procedural determinations. First, asserting a patent in an unregistered version of the claims is not excluded from the outset, even in proceedings for the ordering of provisional measures. Rather, admissibility depends on the specific circumstances of the individual case, taking into account the summary nature of the proceedings. Second, the admissibility of new auxiliary requests in appeal proceedings is governed by Rule 222 of the Rules of Procedure of the Unified Patent Court. In exercising its discretion in proceedings for the ordering of provisional measures, the Court also takes into account the summary nature of the proceedings. (UPC 27.3.2026, CoA 898/2025)