Revocation of life sciences patents in the UPC
The Unified Patent Court (UPC), active since June 2023, is seeing strong uptake in pharma and biotech. Revocation decisions show a balanced 50:50 win rate for patentees and challengers. Key legal standards on novelty, obviousness, and inventive step are emerging, though some aspects remain unclear. Strategic use of the UPC offers broad enforcement, but revocation risks are higher for single-patent portfolios. Legal uncertainties, like the Bolar exemption, still need clarification.
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