WATCH: Assessing inventive step in Europe—diverging standards at the EPO and the UPC?

Eva Ehlich, Partner at Maiwald, and Anja Fux, Associate at Maiwald, provide a comparative analysis of how inventive step is evaluated at the European Patent Office versus the Unified Patent Court.The presentation centres on recent pharmaceutical cases, drawing particular attention to the UPC Court of Appeal's decision in the high-profile Amgen v Sanofi case. The speakers break down the legal reasoning and implications of this and other pivotal rulings.Concluding the session, the discussion outlines what these potentially diverging standards mean in practice, offering strategic guidance on how patent owners can adapt their prosecution and litigation approaches accordingly.