Claim Interpretation At The UPC

In a recent decision on an application for a preliminary injunction (case number UPC_CFI_292/2023), the Local Division of the UPC in Munich has referred to the prosecution history of a patent as an aid to interpreting the granted claim. The decision does not provide basis for this method of claim interpretation but it may reflect the practice in the Netherlands – the legally qualified judge in the case is a patent judge in the district court of The Hague. The UPC does not yet have a consistent body of case law which can be expected to be followed in future cases but this is perhaps another hint that until the UPC's jurisprudence settles, decisions may be flavoured depending on the background of the judge.