UPC & EPO-BoA - Inventive Step
Legal Practice today and tomorrow
- Learn from the experts
- Example clauses included

Online-Seminar
Ab
1.380,00 €
zzgl. MwSt.
Leistungen & Ablauf
Veranstaltung - 1.380,-€ zzgl. MwSt.
The fee includes high-quality course material and a participation certificate for download, access to the Learning Space as well as technical support including a test meeting.
Period:
from 09:00 to 17:00 CET
Buchungsdetails
Online-Seminar
Ab
1.380,00 €
zzgl. MwSt.
Leistungen & Ablauf
Veranstaltung - 1.380,-€ zzgl. MwSt.
The fee includes high-quality course material and a participation certificate for download, access to the Learning Space as well as technical support including a test meeting.
Period:
from 09:00 to 17:00 CET
This conference provides a comparative analysis of how the new Unified Patent Court (UPC) interprets the "inventive step" requirement compared to the EPO Boards of Appeal and national courts, and explores the potential impact on future case law.
Your speakers
What to Expect
- See the differences and similarities in case law, interpretation, and legal classification
- Review your cases in light of established case law
- Get answers to your questions about established case law
- Learn more about future legal developments
Who Should Attend
Patent attorneys and lawyers-both in law firms and in-house, who conduct or assist in proceedings before the UPC and/or the EPO Boards of Appeal as well as IP managers and patent attorneys who draft or examine patent applications.
Objective of the Event
Inventive step is a key requirement for the grant (and maintenance) of a patent. Until now, legal practice in Europe has been largely shaped by the Boards of Appeal of the European Patent Office and the national courts.
The Unified Patent Court (UPC) has now also issued several decisions on this matter. In doing so, the UPC follows neither the Boards of Appeal nor national case law entirely. This might also have implications for the previous case law of the Boards of Appeal and national courts.
This conference will present the differences and similarities in legal interpretations in an integrative and comparative manner.
Your Benefit
- See the differences and similarities in case law, interpretation, and legal classification
- Learn more about future legal developments
Programme
from 09:00 to 17:00 CET
Unified Patent Court | EPO Boards of Appeal | German Federal Court of Justice
- Skilled person:
- Criteria for determining the skilled person
- Level of knowledge
- Starting point:
- "Closest" prior art?
- Different starting points?
- Objective technical problem:
- Technical effect
- Avoiding hindsight
- Obviousness:
- Sources for incentives
- Common general knowledge
- Arbitrary modifications
- Reasonable expectation of success
- Does case law from the UPC present a divergence from the EPO's problem-solution approach?
- How the joint treatment of infringement and validity impact claim interpretation and hence inventive step
- Is justification needed for a particular choice of a starting point?
- What is the connection between objective technical problem and (alleged) technical effect?
- How to formulate the objective technical problem if the alleged technical effect is not achieved?
- How to define the skilled person?
- Must the selected starting point address the objective problem?
- Is it possible to formulate multiple objective technical problems?
- How do you distinguish between the objective technical problem and an unexpected bonus effect?
- If yes: is it sufficient that the invention was obvious based on one of these problems?
- Is a specific hint needed for the application of the skilled person's common general knowledge?
Inventive Step Case Law
Inventive Step Case Law
Unified Patent Court | EPO Boards of Appeal | German Federal Court of Justice
- Skilled person:
- Criteria for determining the skilled person
- Level of knowledge
- Starting point:
- "Closest" prior art?
- Different starting points?
- Objective technical problem:
- Technical effect
- Avoiding hindsight
- Obviousness:
- Sources for incentives
- Common general knowledge
- Arbitrary modifications
- Reasonable expectation of success
Current issues regarding differing or shared legal perspectives
Current issues regarding differing or shared legal perspectives
- Does case law from the UPC present a divergence from the EPO's problem-solution approach?
- How the joint treatment of infringement and validity impact claim interpretation and hence inventive step
- Is justification needed for a particular choice of a starting point?
- What is the connection between objective technical problem and (alleged) technical effect?
- How to formulate the objective technical problem if the alleged technical effect is not achieved?
- How to define the skilled person?
- Must the selected starting point address the objective problem?
- Is it possible to formulate multiple objective technical problems?
- How do you distinguish between the objective technical problem and an unexpected bonus effect?
- If yes: is it sufficient that the invention was obvious based on one of these problems?
- Is a specific hint needed for the application of the skilled person's common general knowledge?
Downloads
Request the documents using our form.

Brochure
Weitere Informationen
Methodology and Agenda
The first part systematically addresses the different approaches for the assessment of inventive step. Representatives from the UPC and the EPO Boards of Appeal will each present the current case law regarding the individual approaches. This will be supplemented and commented on by the Chair of the Patent Senate of the German Federal Court of Justice. This ensures that you receive a comprehensive overview of the case law in a systematic sequence.
The second part will then address specific questions regarding differences and similarities and, based on the reasoning behind the decisions, examine what consequences these may have for future cases.
Technical requirements
You need a reliable Internet connection to take part in our online events. To have the best possible learning experience, we recommend that you use the latest version of the Microsoft Edge or Google Chrome browsers. You will need a headset, loudspeaker or telephone to play the audio. Further information is available here. Please check beforehand that your microphone or headset and camera are working properly. Do not access our services from a VPN since there are issues with the audio over such connections.
We have integrated Zoom video conferencing software into our Learning Space for our online training courses. If you are not authorised to use Zoom, please get in touch with us so we can make alternative arrangements for you to take part in our online training.
Free pre-meeting and technology check
You can attend one of our pre-meetings and explore our Learning Space free of charge. Registration is not required. You can find available dates for a pre-meeting in your customer portal. Click the green ‘Participate’ button in the pre-meeting in the customer portal and you will be redirected to the Learning Space.
The pre-meeting gives you the opportunity to explore our Learning Space and to familiarise yourself with the technology to start off your online training on the right foot. This is a non-binding offer for all our customers and not a prerequisite for participation. If a pre-meeting date does not suit you but you would still like a technology check, please contact us.
Access to and procedure for online events
Once you have registered for an event, we will send you the access information for your customer portal. Click here to log in to the customer portal using your email address and password. Please ensure you can access the customer portal before the day of the event.
All important or additional information and personal documents are available in your personalised customer portal. This is also where you start your online courses. If you do not have access to the customer portal yet, you can easily register here.
On the day of the event, you kick off your online training in the customer portal by clicking ‘Participate’ directly in the respective event. You will then be redirected to the Learning Space.
Learn more about our online events here.
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Further Information
Your Contact Person
We are happy to advise you personally and individually.

Janina Bätge
+49 6221 500-715
j.baetge@forum-institut.de






