Main Details: Case number UPC_CFI_202/2024 Registry number ACT_24460/2024 Date 29 May, 2025 Parties Lindal Dispenser GmbH v. Rocep-Lusol Holdings Limited Order/Decision reference ORD_69115/2024 Type of action Revocation Action Language of Proceedings English Court - Division Court of First Instance - Paris (FR) Central Division - Seat Headnotes: 1. Article 57 ‘EPC’, according to which “an invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture” must be interpreted as meaning that an invention or an application for a patent for an alleged invention which would not comply with the generally accepted laws of physics falls within its scope because it cannot be used and therefore lacks industrial application. 2. Drawings must always be used as explanatory aids for the interpretation of the patent claim but cannot be used to extract a characteristic when definitively and unambiguously contradicted by the description. 3. In the event that the patent proprietor applies to amend the patent and proposes more alternative auxiliary requests, these auxiliary requests must be addressed in the order indicated by the applicant, in the absence of specific elements and/or requests suggesting otherwise Keywords: lack of industrial application; claim interpretation; auxiliary requests Back to Decisions and Orders
Main Details: Case number UPC_CFI_202/2024 Registry number ACT_24460/2024 Date 29 May, 2025 Parties Lindal Dispenser GmbH v. Rocep-Lusol Holdings Limited Order/Decision reference ORD_69115/2024 Type of action Revocation Action Language of Proceedings English Court - Division Court of First Instance - Paris (FR) Central Division - Seat Headnotes: 1. Article 57 ‘EPC’, according to which “an invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture” must be interpreted as meaning that an invention or an application for a patent for an alleged invention which would not comply with the generally accepted laws of physics falls within its scope because it cannot be used and therefore lacks industrial application. 2. Drawings must always be used as explanatory aids for the interpretation of the patent claim but cannot be used to extract a characteristic when definitively and unambiguously contradicted by the description. 3. In the event that the patent proprietor applies to amend the patent and proposes more alternative auxiliary requests, these auxiliary requests must be addressed in the order indicated by the applicant, in the absence of specific elements and/or requests suggesting otherwise Keywords: lack of industrial application; claim interpretation; auxiliary requests Back to Decisions and Orders