CD Munich, UPC 523/2025, Revocation Action, Issued On September 2, 2026

1. Key takeaways

Lack of entitlement under Art. 138(1)(e) and Art. 60(1) EPC requires showing that the proprietor has no rights to the patent.

The requirement in Art. 138(1)(e) EPC that a European patent may be revoked if the proprietor is not entitled under Art. 60(1) EPC should be interpreted as meaning that the proprietor does not have any rights to the patent. The burden of presentation and proof in this regard lies with claimant. It is therefore not sufficient for this ground of revocation to be successful that claimant demonstrates that it has rights to parts of the subject-matter disclosed in a patent, e.g. as a co-inventor or the co-inventor’s successor in title.

In a stand-alone revocation action, the Court has discretion to assess the validity of dependend claims, even if the independent claim is deemed valid.