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European patent meaning

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What does European patent mean?
In legal practice, a European patent is the result of a single application to the European Patent Office (EPO) that, once granted, can be validated to take effect as a bundle of national patents in the EPC states designated in the application. The term is used in, and defined by, the European Patent Convention (EPC). Key features include centralised filing, search, examination and grant; post‑grant EPO opposition within nine months; EPO limitation/revocation procedures; and national validation requirements (including any translations and fees), followed by national enforcement (infringement) and revocation under each state’s law, with national renewal fees. In the UK, an EPO grant designating the UK becomes a European patent (UK) under the Patents Act 1977 and is enforced in the courts, with revocation available in the courts or at the UKIPO, like a UK national patent. In Ireland, a validated European patent has the same effect as a national patent under Irish patents legislation and is litigated in the Irish courts. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. The EPC and EPO are not EU institutions; the UK’s participation is unaffected by Brexit. A European patent is distinct from a Unitary Patent, which provides unitary...
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NEWS
European Patent Office maintains CureVac's mRNA patent EP 3 708 668 B1 in amended form; BioNTech to appeal

CureVac On 27 March 2025, CureVac announced that the EPO has formally permitted it to retain a revised version of its mRNA technology patent. As of 28 March 2025, the EPO’s full written decision was not yet publicly available. In a statement, Alexander Zehnder, CureVac’s Chief Executive, said the bid to secure the patent is a ‘multi-step process’ in Europe and the US. He added that the ruling is a significant milestone on a journey they expect will result in acknowledgement of CureVac’s substantial contribution to safe and effective COVID-19 vaccines as one of the earliest pioneers of mRNA technology...

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NEWS
UPC long-arm jurisdiction tested: Düsseldorf Local Division asserts power over UK patent acts in Fujifilm v Kodak, raising strategic implications for enforcing European patents in non-UPC EPC states

Fujifilm Corporation v Kodak Holding GmbH and others, UPC_CFI_355/2023 Case background Fujifilm Corporation has brought proceedings against a number of Kodak entities, alleging breaches of multiple European patents covering offset printing technology. Two suits were commenced in the UPC’s Mannheim Local Division, and a further action (ACT_578607/2023; UPC_CFI_355/2023) was lodged with the Düsseldorf Local Division concerning the purported infringement of EP3594009. In that latter matter, Kodak responded with a counterclaim seeking revocation. At the time, the European patent was effective in Germany and the UK, and all litigants were domiciled in Germany, a UPC contracting member state. Decision of the Düsseldorf Local Division Ruling on the dispute, the Düsseldorf Local Division held the European patent invalid under the European Patent Convention (EPC), after refusing Fujifilm’s proposed amendments. It acknowledged it lacked competence to set aside the UK part of the patent—so that portion remains in force—whereas the German part of the patent was revoked...

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NEWS
UK Supreme Court hears Emotional Perception AI patent appeal as UKIPO defends Aerotel, warning EPO approach would erode PA 1977 software and mathematics exclusions

Emotional Perception AI Ltd seeks to promote a so-called 'Frankenstein test' that merges the European Patent Office's (EPO) endorsed approach, intended purely to excise certain patentability exclusions obstructing protection for its invention, counsel for the UK Intellectual Property Office (UKIPO) told the court on 22 July 2025. Describing it as 'a recipe for disaster', Brian Nicholson KC, acting for the comptroller-general of patents, said on 22 July 2025 that almost every patent case would then have to decipher a new standard from the sheet his learned friend handed round. Emotional Perception aims to obtain a patent for an artificial neural network, or ANN, which offers media recommendations by reference to the 'physical' properties of another song or image, as part of its bid to secure patent protection ultimately...

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PRACTICE NOTES
Practical guide to intellectual property in insolvency: ownership, licences, data compliance and value maximisation for office-holders and buyers

For many companies, intellectual property rights (IPRs) constitute an increasingly important and significant asset class. Although contemporary technology firms, pharmaceutical businesses and industrial players are most closely and very commonly linked with holding portfolios rich in IPRs, even the least likely organisations may own rights that are fundamental to them and, without which, they simply could not operate (or do so as effectively or profitably) or would suffer significant loss of value. As a broad category, IPRs are wide-ranging and inherently diverse indeed. According to context, there are, in particular, rights beyond the best known (patents, trade marks and copyright) that may—or may not—be generally regarded strictly as IPRs, such as database rights, websites with their associated domain names, goodwill and contractual rights allied to IPRs. For further detail on the principal types of intellectual property rights an insolvency practitioner as office holder may encounter, see Practice Note: IP right comparison table. Patents, design rights and trade marks depend for their existence and protection on registration (at the...

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PRACTICE NOTES
European Commission Foreign Subsidies Regulation conditional clearance of ADNOC’s acquisition of Covestro; UAE unlimited state guarantee removal and sustainability patent licensing (14 November 2025)

CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 14 November 2025; it is no longer maintained. See further, timeline. Case facts Outline European Commission FSR review of the planned acquisition of Covestro (FS.100156) by Abu Dhabi National Oil Company PJSC. The deal features vertical intersections concerning the supply of chemical products. Latest developments On 14 November 2025, the Commission authorised the deal subject to commitments. On 13 February 2024, the Commission also cleared the transaction with commitments. It considered that the merger threatened competition in the following areas: air cargo transport services between Europe and South Korea; and passenger air transport on routes linking Seoul to specific destinations in Europe, notably Barcelona, Paris, Frankfurt and Rome. To alleviate these concerns, Korean Air pledged to: divest Asiana’s worldwide cargo freighter business; and provide rival carrier T'Way with the requisite assets so it can commence operations on the...

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PRACTICE NOTES
UK SPCs and paediatric extensions for medicinal and plant protection products: regime, applications, duration, manufacturing waiver, and leading CJEU/UK case law post‑Brexit and under the Windsor Framework

This Practice Note introduces supplementary protection certificates (SPCs) and paediatric extensions (PEs) in the UK. It outlines the reasons for their creation, when and how to apply, and how long they run. It also reviews leading rulings on SPCs from the courts of England and Wales, together with UK Intellectual Property Office (IPO) guidance on SPC procedure... It further surveys numerous references to the Court of Justice on the interpretation of Regulation (EC) 469/2009 and Regulation (EC) 1610/96, which regulate SPCs for medicinal products and plant protection products within the EU (and, before Brexit, in the UK). The resulting Court of Justice decisions have defined the scope of SPC protection across the EU and the UK. For guidance on whether Court of Justice rulings bind UK courts, see Practice Note: Assimilated law—Assimilated case law. For a discussion confined to the EU SPC regime, see Practice Note: Supplementary protection certificates and paediatric extensions—EU... Supplementary protection certificates (SPCs) What is an SPC? An SPC prolongs the protection provided...

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PRECEDENTS
Precedent: Grounds of invalidity (novelty, inventive step, insufficiency) for patent infringement claims in the Patents Court/IPEC, Business and Property Courts of England and Wales

Claim No : [ insert claim number ] IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST (ChD)[ Patents Court OR Intellectual Property Enterprise Court ] Between:[ insert name ] Claimant/Part 20 Defendantand[ insert name ] First Defendant/Part 20 Claimant[ insert name ] Second Defendant/Part 20 Claimant Grounds of invalidity Set out below are the Grounds of Invalidity for [ GB Patent OR European Patent (UK) ] [ number ] (the Patent), as identified in the Defence and Counterclaim accompanying these Grounds, and on which the Defendants/Part 20 Claimants intend to rely. The purported invention, in all claims of the Patent, is not patentable because its subject matter lacked novelty in view of the state of the art at the Patent’s priority date [ and common general knowledge ]...

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PRECEDENTS
Particulars of Infringement Template—Patent Infringement Claim for Patents Court/IPEC (England and Wales), including Actavis Equivalents and Statement of Truth

CLAIM No: [ insert claim number ] IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND & WALESINTELLECTUAL PROPERTY LIST (ChD)[ Patents Court OR Intellectual Property Enterprise Court ] Between: [ insert full name of claimant ] — Claimant [ [ insert full name of second claimant ] ] — [ Second Claimant ] and [ insert full name of defendant ] — First Defendant [ [ insert full name of second defendant ] ] — [ Second Defendant ] Particulars of INFRINGEMENT Set out below are the particulars of infringement of [ United Kingdom patent [ insert full patent number, eg GB… ] OR European patent (UK) [ insert full patent number, eg EP (UK)… ] ] (the Patent) as cited in the Particulars of Claim. Terms and expressions defined in the Particulars of Claim shall bear the same meanings for the purposes of this document...

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PRECEDENTS
Patents Court Particulars of Claim precedent: patent infringement, essentiality declaration and FRAND licence terms (England and Wales)

CLAIM No: [ insert claim number ] In the High Court of Justice, Business and Property Courts of England & Wales, Intellectual Property List (ChD), Patents Court BETWEEN [ insert full name of claimant ] Claimant [ [ insert full name of second claimant ] Second Claimant ] and [ insert full name of defendant ] Defendant [ [ insert full name of second defendant ] Second Defendant ] Particulars of claim The Claimant is a company formed on [ insert date ] and continuing under the law[s] of [ insert country/countries ], with its registered office at [ insert address ]. The Claimant conducts, among other things, [ insert brief description of claimant’s business ]. The Defendant is a company incorporated on [ insert date ] and operating under the law[s] of [ insert country/countries ], with its registered office at [ insert address ]. The Defendant trades, inter alia, in [ insert brief description of defendant’s business ]. The Claimant holds, as...

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