The UPC's Interpretation Of Inventive Step: Does It Follow The Problem-solution Approach?

UPC case law on the assessment of inventive step is still evolving. Most local division (LD) decisions have indicated a slightly diverging practice from the EPO's problem-solution approach. However, more recently, others have called for the UPC to follow strictly the EPO's approach for the sake of legal certainty and to align UPC and EPO case law. Until there is definitive guidance on this issue from the Court of Appeal, those involved in UPC nullity proceedings would be advised to assess inventive step both under the EPO and the UPC approaches.