France: Intellectual Property

The Unified Patent Court's Court of Appeal examines critical questions of patent validity, including whether omitting disclosed features constitutes added matter when functional or structural links exist, and how technical effects factor into determining essential features for inventive step analysis. The decision also addresses procedural boundaries for raising new legal arguments on appeal.

In the latest round of the Merz v Viatris dispute over the alleged infringement of Merz’s MS drug dosing regime patent (drug brand name Fampyra), the UPC Paris Local Division...

A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.