UPC’s First Revocation Decision: Amgen Patent Deemed Invalid Due to Lack of Inventive Step


The Unified Patent Court (UPC) Central Division in Munich issued its first revocation decision in Regeneron Pharmaceuticals Inc. v. Amgen Inc., determining that the patent held by Amgen lacked an inventive step. This decision comes just over a year after the court commenced operations and presents a clear illustration of the risks patentees face under the UPC’s central revocation powers. Legal professionals, particularly those involved in patent litigation, should take heed of the UPC’s detailed reasoning to understand how this new legal body can impact patent validity and enforcement.