
Article Brevets | 21/03/25 | 1 min. | Lionel Martin Mehdi Mahammedi-Bouzina
Claim interpretation is central in patent infringement and revocation litigation. After a year and a half of activity, the Unified Patent Court (UPC) has published several decisions clarifying its method of interpreting patent claims. The wording of the claim, considered as a whole, is decisive, and the description and drawings must always be taken into account. The question of whether the file wrapper should be considered is still awaiting clear arbitration by the Court of Appeal.
The full analysis of Lionel Martin and Mehdi Mahammedi-Bouzina on interpretation of patent claims by the UPC, is on https://www.eplaw.org/blog/detail/upc-the-interpretation-of-patent-claims-by-the-upc/