1. Key takeaways
Revocation of European patents can be limited to
specific UPC Member States upon request (Art. 34, 76(1) UPCA; Rule
44(d) RoP)
The Court confirmed it may revoke a European (bundle) patent
only for the national part(s) specified by the claimant, not
necessarily for all UPC Member States.
This approach respects the adversarial nature of proceedings and
the principle of ne ultra petita in civil proceedings not
to award to the parties more than requested.
"Added matter" doctrine strictly applied:
claims must not generalize beyond the parent application (Art.
138(1)(c) EPC; Art. 76(1), 123(2) EPC)
The patent was revoked because the granted claims allowed for
upshifting to the "highest quality" stream,
which was not directly and unambiguously disclosed in the parent
application. The parent application at most discloses that an
upshift to a higher quality, or the next higher quality stream may
be considered.
