Bitzer v Carrier (UPC_CFI_263/2023)
Decision date:
29 July 2024
Osborne Clarke summary
- Bitzer brought a revocation action against Carrier's patent (EP 708) relating to an apparatus and method for cold chain monitoring of perishable goods. The Paris CD maintained Carrier's patent as per its second auxiliary request.
- This was the first main action decision of the UPC to consider insufficiency. The claimant contended that the patent did not disclose the invention in a manner that was sufficiently clear and complete for it to be carried out by the skilled person. The court disagreed, holding that the skilled person, considering the patent disclosure, would be able to carry out the invention.
- The court held that a patent proprietor's right to amend its patent is limited to addressing only the claims that are under challenge in the action.
Issue
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