CD Paris, January 21, 2025, Decision On Validity, UPC_CFI_311/2023

1. Key takeaways

A revocation claimant must present all grounds of invalidity with the Statement of Claim

In revocation actions, the claimant is required to specify the grounds of invalidity that allegedly affect the contested patent, as well as prior art documents relied upon to support any allegation of lack of novelty or inventive step in its statement of claim as this defines the subject matter of the dispute. New grounds of invalidity of the contested patet or new documents considered novelty destroying or affecting inventive step cannot be submitted in subsequent written act as this contradicts the principle of front-loaded proceedings.

Determination of a realistic starting point when assessing inventive step