CD Milan, August 19, 2026, Central Revocation Action, UPC_CFI_860/2025

Key takeaways

Legal persons are, as a rule, always “concerned” within the meaning of Art. 47.6 UPCA when bringing a revocation action.

The concept of being concerned by a patent, as laid down in Article 47(6) UPCA for revocation actions, is to be interpreted broadly. A distinction must be drawn between private and commercial acts, as Article 27(a) UPCA makes clear. Since legal persons cannot act “privately”, their acts must always be classified as commercial. As a general rule, legal persons are always to be regarded as being “concerned” within the meaning of Article 47(6) UPCA. They have, as a matter of principle, an interest in ensuring that patents which should not have been granted because a ground for revocation exists are not maintained. This applies irrespective of whether they are already active in a relevant industry.