CD Paris, November 5, 2024, Revocation Action, UPC_CFI_309/2023

1. Key takeaways

R. 30 (1) (c) RoP does not set out the consequence that all amendments proposed (auxiliary requests) should be dismissed en bloc as not meeting the criterion of being reasonable in number.

Only some of the proposed auxiliary requests may be admitted.

The Court can limit a patent by an amendment of the claims and revoke it in part according to Art. 65 (3) UPCA independent of an application to amend the patent (Rule 50 (2) RoP).

An application to amend to patent cannot generally be seen as a motion to abandon the granted patent in its entirety if the initial request to maintain the patent as granted cannot be granted in its entirety.

Therefore, the Court examines if the grounds for revocation affect the patent only in part, i.e., each attacked claim of the granted patent, including each dependent claim.