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ARTICLE · 28 APRIL 2026

CD Paris, April 22, 2026, Decision, UPC_CFI_461/2025

Bardehle Pagenberg
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Legal interest in revocation proceedings must be examined by the Court of its own motion, even where the defendant does not challenge admissibility (headnote 1; para. 11)

GermanyIntellectual Property

1. Key takeaways

Legal interest in revocation proceedings must be examined by the Court of its own motion, even where the defendant does not challenge admissibility (headnote 1; para. 11)

The Court held that legal interest is a question of law forming part of admissibility. This examination was particularly necessary here because the patent had already expired by the time the revocation action was filed, raising the question whether the claimants still had standing.

A revocation action is not necessarily inadmissible where the patent has expired, particularly where past infringement claims remain possible (headnote 2, para. 12 et seqq.)

Neither the UPCA nor the RoP contain any provision rendering a revocation action inadmissible by reason of patent expiry. The claimants had a concrete legal interest because the defendant had sought evidence preservation measures before a Belgian national court and had announced damages claims for alleged past infringement during the

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