2026-07-09 2026-07-09 , online online, 1,380 € zzgl. MwSt. Dr. Kemal Bengi-Akyürek https://www.forum-institut.de/seminar/26101000-upc-epo-boa-inventive-step/referenten/26/26_10/26101000-upc-epo-boa-inventive-step_bengi-akyuerek-kemal.jpg UPC & EPO-BoA - Inventive Step

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.

Topics
  • 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.
Aims and objectives
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

26101000 UPC & EPO-BoA - Inventive Step

UPC & EPO-BoA - Inventive Step

Legal Practice today and tomorrow

Benefits
  • Learn from the experts
  • Example clauses included

Webcode 26101000

Jetzt buchen

JETZT Buchen

Referenten


Alles auf einen Blick

Termin

16/10/2026

16/10/2026

Zeitraum

16.10.2026 from 09:00 to 17:00 CET

16.10.2026 from 09:00 to 17:00 CET
Veranstaltungsort

online

online

Downloads
Gebühr
Ihre Kontaktperson

Janina Bätge

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

Details

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.

Topics

  • 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.

Aims and objectives

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

Detailed programme

16.10.2026 from 09:00 to 17:00 CET

Inventive Step Case Law
Unified Patent Court | EPO Boards of Appeal | German Federal Court of Justice
  • Skilled person: Criteria for determining I Level of knowledge
  • Starting point: "Closest" prior art? I Different starting points?
  • Objective technical problem: Technical effect I Avoiding hindsight
  • Obviousness: Sources for incentives I Common general knowledge I Arbitrary modifications I Reasonable expectation of success

Current issues regarding differing or shared legal perspectives
  • Does case law from the UPC present a divergence from EPO's problem-solution approach?
  • How the joint treatment of infringement and validity can impact claim interpretation and hence inventive step
  • Any 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?
  • Any specific hint needed for the application of the skilled person's common general knowledge?

More informaton

Methodology and Agenda

The first part systematically addresses the requirements for inventive step. Representatives from the UPC and the EPO Boards of Appeal will each present the current case law regarding the individual requirements. 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.

Benefits of a FORUM Institut training course

FORUM Institut’s all-in-one training platform uses the latest teaching methods.
All our online training courses take place in the Learning Space, our holistic learning environment with many features that promote effective and sustainable learning.

  • Live and interactive learning on our Learning Space training platform
  • A platform with many features: events rooms, chat, course agendas and documents, surveys, workshop rooms and much more
  • Easy surveys with Slido
  • ‘Deluxe’ chat: group chats, one-to-one chats, one-to-one video chats
  • A central repository for documents and media
  • Other services and apps such as Padlet and Mentimeter available directly on the platform
  • The perfect marriage of teaching methods and technology
  • High level of interactivity with plenty of opportunity for questions
  • Continuous support throughout the event to ensure the most effective learning
  • Free technical pre-meeting to start off your training on the right foot

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.

This distinguishes our events

of 5 stars of all ratings from 2025

of 5 stars on Trustpilot = good

Recommendations

Amsterdam Masterclass: EPO Oppositions & Appeals

This masterclass will provide you with an intensive and practical overview of all relevant legal and practical issues co...

09. - 10.07.2026 in Amsterdam
Details

IP Agreements: Patent License Agreements

Participants, doing business in a complex multi-jurisdictional environment, will be enabled to address difficult situati...

22.10.2026 in
Details

IP Agreements: Research and Development Agreements and more

Participants, doing business in a complex multi-jurisdictional environment, will be enabled to address difficult situati...

21.10.2026 in
Details

GenAI Patent Munich Summer Camp

Join our two-day course and discover how to revolutionize your patent work with the power of generative AI. This immersi...

25. - 26.08.2026 in München
Details

Generative AI Workshop for Patent Practitioners

Join our one-day course and discover how to revolutionize your patent work with the power of generative AI. This immersi...

14.10.2026 in
Details

Go forward

Our international course portfolio

Are you interested in our international continuous education programme? We provide a variety of specialised courses.

Details
Our international course portfolio
Testimonials

Hear from our past delegates and sponsors and learn more about the events.

Details
Testimonials
Cooperation Partners

We team up with other companies and experts to fulfill projects worldwide.

Details
Cooperation Partners