Executive Summary
This UPC decision addressed an appeal by PAPST LICENSING GmbH & Co. KG against the European Patent Office's refusal to grant unitary effect for EP 3 327 608. The core dispute centered on whether the requirement that a patent must be granted in all participating member states could be interpreted flexibly, especially concerning later-joining members like Malta. The UPC ultimately upheld the EPA's decision, emphasizing the strict legal requirements governing the unitary effect and rejecting arguments based on fundamental rights or administrative discretion.
What the Court Held — Ratio Decidendi
The UPC affirmed that the requirement for unitary effect (Rule 5(2)(a) DOEPS) is strictly applied, meaning the patent must be granted with the same claims in all participating member states at the time of application. The court dismissed arguments suggesting a flexible interpretation or an administrative discretion to grant unitary effect despite non-uniform national grants.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Paris (FR) Central Division - Seat. Understanding the court's reasoning in PAPST LICENSING GmbH & Co. KG vs Das Europäische Patentamt (EPA) is valuable context for structuring arguments or assessing risk in similar proceedings.
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