SONN Patentanwälte – IP Attorneys

UPC Court of Appeal: Added subject-matter in the context of earlier applications:

• The court may, when examining an allegation of added matter, of its own motion determine that the skilled person cannot derive a corresponding disclosure from the earlier application. This determination must be made on the basis of the understanding of the skilled person when reading the earlier...

UPC Court of Appeal: Executive liability in the context of infringement

An "infringer" within the meaning of Art. 63 UPCA in conjunction with Art. 25 UPCA is also a person who does not personally carry out the acts referred to in Art. 25 UPCA but to whom the acts of a third party are attributable because they are an instigator, co-perpetrator or accessory. Who qualifies...