Boult Wade Tennant
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Topic: UPC

September 11, 2025

No help from Luxembourg: UPC Court of Appeal says CJEU can’t rule on interpretation of UPCA

The UPC Court of Appeal confirms its duty to interpret law in line with EU law but cannot seek CJEU rulings on the UPCA or RoP. One-month cost deadline held compatible with EU law.

August 20, 2025

Will the UPC guide the EPO when it comes to description amendments?

Recent UPC decisions suggest a shift toward deleting embodiments not covered by amended claims. G 1/25 may confirm this as EPO seeks alignment. Read our analysis and what this means for drafters.

August 19, 2025

You snooze, you lose at the UPC: Court rejects new arguments presented late in the procedure

The Düsseldorf UPC rejected a late-filed argument on added matter, reaffirming its strict, front-loaded procedure and the importance of early, complete case preparation.

August 6, 2025

To opt out or not to opt out?

Should you opt out of the Unified Patent Court? Boult explores the pros and cons, recent case law, and strategic factors for European patent holders in a changing legal landscape.

June 25, 2025

Debunking common myths about the UPC and UPs: some basics and not-so-basics

The UPC has been open for two years. We bust common myths and misconceptions about the Unified Patent Court and Unitary Patent system, with practical insights and updates from our experts.

June 19, 2025

Use of the EPO’s problem-and-solution approach for assessing inventive step at the UPC

The UPC’s Court of First Instance confirms the EPO’s problem-and-solution approach as the main method for assessing inventive step, ensuring consistency and legal certainty across Europe.

June 12, 2025

No time restriction on competence of the UPC

The UPC now has confirmed authority over pre-UPCA infringements, even during opt-out periods. This landmark decision reshapes jurisdiction expectations.

June 3, 2025

Dr Michelle Pratt in conversation with Daryl Penny, Partner, European Patent Attorney, and UPC Representative at Boult.

Daryl Penny shares insights on EPO oppositions, UPC litigation, team strategy, and career advice from 23+ years in patents. A must-read for those navigating European IP law.

June 2, 2025

Two years down, five years to go until the end of the UPC transitional period

The UPC’s 7-year transitional period (2023–2030) allows opt-outs of “classical” European patents from UPC jurisdiction. After 2030, opt-out ends, UPC gains full control unless already opted out.

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March 11, 2025

UPC representation – crafting the best team

The Unified Patent Court (UPC) is still in its early days, but as engagement continues to increase across a wide range of