UPC Local Division: Amendment of the Patent

R 30 RoP does not restrict the patent proprietor in their application for amendment of the patent to the prerequisite that the application and the corresponding auxiliary applications must be in direct connection with the grounds for invalidity asserted in the counterclaim for invalidity. If dependent patent claims are made the subject of auxiliary applications within the framework of an application under R 30 RoP, it must also be possible for the patent proprietor to make corresponding amendments with regard to the infringement action. Otherwise, an amendment to the patent would be possible, but an infringement of this amended version could not be the subject of the corresponding infringement action. The aim of the RoP is to synchronize the proceedings before the UPC with those before the EPO. However, such synchronization can only work if it is possible to introduce claim versions amended by the EPO into the (infringement) proceedings before the UPC (LK München 31. 3. 2025, CFI 425/2024).