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August 2024

Florian Henke and Philipp Rastemborski in GRUR Patent (08/2024)

In the current issue of GRUR Patent, patent attorney Dr Florian Henke and attorney-at-law Philipp Rastemborski, LL.M. discuss the decision of the Unified Patent Court (UPC) of 13 May 2024 (UPC_CoA_1/2024).

The authors analyse the principles of patent claim interpretation established by the Court of Appeal of the Unified Patent Court (UPC) in the decision and contrast them with the different approaches taken by the Boards of Appeal of the EPO to determine the subject matter of the claim. In addition, an outlook is given on possible future strengthening of the interpretation principles of the UPC in the light of the case law of the supreme courts of the UPC member states.

GRUR Patent (08/2024) will be available from 22 August 2024 in the beck-online database (registration required) and as a print version.

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