SONN Patentanwälte – IP Attorneys

  1. UPC Court of Appeal: Provisional measure and interpretation

    The appellant appeals against a dismissal order of the Court of First Instance on an application for a preliminary injunction. The patent in dispute protects an electronic label system for displaying information, in particular price information. The Court of First Instance was not satisfied with...

  2. UPC Court of Appeal: Interpretation in accordance with Article 69 EPC

    The Court of Appeal states that the interpretation has to be done according to Art 69 EPC and the corresponding protocol: The patent claim is not only the starting point, but the decisive basis under Art 69 EPC in conjunction with the Protocol on the Interpretation of Art 69 EPC for determining the...

  3. No interpretation of claim features clear by themselves in the light of the description

    The principle of primacy of the claims seems to exclude the use of the description and drawings for limiting the claims in proceedings before the EPO (in contradiction to patent infringement proceedings before the UPC or national courts) if an interpretation of the claim in the light of common general...

  4. Negatively defined claim features need to be interpreted narrowly when examining novelty

    When examining novelty, the normal rule of claim interpretation of reading a feature specified in a claim in its broadest technically meaningful sense corresponds to determining the broadest scope encompassed by the subject-matter being claimed according to a technically...

  5. Interpretation of claims in the light of the description

    According to established case law of the Board of Appeal, Art 69 (1) EPC and the Protocol on its Interpretation refer to the “scope of protection” granted by the European patent or the European patent application. This "scope of protection" is of importance especially in patent infringement proceedings....
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