LD Paris, April 10, 2026, Order On Provisional Measures, UPC_CFI_1594/2025

Novelty may be destroyed by implicit disclosure where the skilled person would inevitably infer a feature from the prior art (Art. 54, Art. 138(1)(a) EPC).

The lack of novelty need not stem solely from what is explicitly, immediately and unambiguously disclosed in a prior art document. It may also arise from what is necessarily implied, i.e., where a skilled person would arrive, inevitably and without any reasonable doubt, at the claimed result by applying the prior art’s teaching.