Case Law
Article 65: Decision on the validity of a patent

Court of First Instance - Paris (FR) Central Division - Seat, Order dated 05/11/2024, NJOY Netherlands B.V. v. Juul Labs, Inc. (Case/ Registry number: ACT_571669/2023, ORD_598482/2023)
Example of decision on the validity of a patent: "independent of an application to amend the patent as may be filed by the patent proprietor (R 50 (2) RoP) the Court, according to Art. 65 (3) UPCA, limits the patent by a corresponding amendment of the claims and revokes it (only) in part. At least in a case like the present, where the patent proprietor shows an interest for the patent to be upheld even in part (request (2) c.), the Court needs to examine, if the grounds for revocation affect the patent only in part, and in the affirmative case the Court would need to limit the patent
by performing a corresponding amendment of the claims and would need to revoke the patent in part."

Court of First Instance - Paris (FR) Central Division - Seat, Order dated 05/11/2024, NJOY Netherlands B.V. v. Juul Labs, Inc. (Case/ Registry number: ACT_571669/2023, ORD_598482/2023)
Example of a decision on a patent amendment application and limitations on amendments: "Art. 65.3 UPCA only pertains to the granted patent. Art. 65.3 UPCA contains no obligation to the Court to evaluate, if an application to amend the patent filed by the patent owner can be allowed in part. Within an application to amend the patent a certain claim set is either allowable (as such; the complete claim set proposed) or not.
11.2 Under the premise that Art. 65 (3) UPCA relates only to the granted patent, each claim constellation covered by Defendant’s request (2) d. must be considered as a further auxiliary request.
11.3 Defendant’s request (2) d. needs to be rejected."