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ARTICLE · 12 MAY 2026

CD Milan, May 4, 2026, Revocation Action, UPC_CFI_552/2025

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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The skilled person under Art. 56 EPC is a notional figure, i.e., affiliations to specific companies are irrelevant and inadmissible as differentiating characteristics

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Sabrina Hütt
Sabrina Hütt
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1. Key takeaways

The skilled person under Art. 56 EPC is a notional figure, i.e., affiliations to specific companies are irrelevant and inadmissible as differentiating characteristics

The skilled person represents an average level of knowledge in the relevant technical field, reflecting common general knowledge at the priority date. This fictitious individual cannot be identified with any real person. The skilled person is not required to possess or disregard a distinct affiliation, nor is it necessary. Differentiating characteristics such as connections to a specific company are not admissible.

The skilled person is an objective, rational figure and does not display fear of failure. Only documented prejudice in the literature can deter

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