UPC Rules on Pre-Granted Patents: Initiating Legal Actions During the Examination Stage
Many a patent is already a thorn in the side of competitors before the patent holder even has it in their hands. A ruling this week can be interpreted to mean that those very competitors can challenge such a patent before the UPC whilst it is still under examination at the EPO, e
WISECODE Take
Many business owners assume that no legal action can be taken before a patent is formally granted. However, a September 2026 ruling by the UPC Court of Appeal (case ID: UPC-CoA-90/2026) in the dispute between Omnia and Sidel over patents EP 4 594 194 and EP 4 624 351 shattered this assumption, allowing pre-grant non-infringement actions. This means companies can challenge competitors' patents while they are still under examination at the EPO. For businesses not operating in Europe, this has no impact. But for those in the European market, it is like calling a foul on a competitor during their warm-up. We suggest monitoring competitors' European patent applications closely and exercising caution with your own pending applications to prevent premature exposure.
Original sources
Compiled automatically by WISECODE IP Radar. Summaries are short source excerpts; commentary is AI-generated. See the source links for full text.
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