Netherlands: Limitation of claim changes in appeal

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Netherlands: Limitation of claim changes in appeal

In Dutch court practice, an appeal is of a devolutive nature, that is in appeal the case is reconsidered as a whole. However, in a recent interlocutory decision (November 3 2015, High Point v KPN), the Appeal Court in The Hague found that the patentee was not entitled to further limit his claims.

During the first instance case, High Point had already filed three sets of limited claims on which the court had based its decision. With the statement of appeal, High Point attacked the decision of the court of first instance and only later, although clearly in advance of the oral hearing, did High Point file a new set of further limited claims.

High Point's arguments that these new claims would simplify and accelerate the procedure, that it would always be possible to decrease the demand of relief and/or that the EPC would give the patentee the right to limit the patent, were not convincing. The appeal court determined that such a late filing of a limited claim set would not fit with the practice that in appeal no new facts or arguments are filed after the statement of appeal that could start a new discussion between parties.

On the other hand, the argument from KPN that by introducing this new set of claims High Point has abandoned the claim sets that were on file, was not accepted by the court, either.

This (interlocutory) decision now has the consequence that the case will proceed on the basis of the three claim sets on which the court in first instance has decided.

Bart van Wezenbeek


V.O.Johan de Wittlaan 72517 JR The HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67 99info@vo.euwww.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
New timeline for 2026 aims to provide clearer guidance to firms and practitioners on the full jurisdictional market view
Gift this article