Europe: Restrictions on the right to amend patent claims

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Europe: Restrictions on the right to amend patent claims

In its decision HIGH POINT SARL v KPN BV, the Dutch Supreme Court held that the right of the patentee to limit a European patent before the national courts, as defined by the European convention (EPC) article 137(3), may be restricted by national procedural conditions. Accordingly, the Dutch courts may refuse to consider limited claims that give rise to a new debate about patent validity after filing the grounds of appeal.

The extent of the right to limit the claims was a matter of interpretation of the EPC. The Supreme Court found that the plain text of article 137(3) EPC did not exclude imposing national procedural conditions on the right to limit the patent. The legislative history did not show an intention to harmonise procedural law in this respect. The legislator introduced article 137(3) EPC only because the right to limit the patent claims was not, or insufficiently, guaranteed in some of the contracting states. Furthermore, the court noted that use of procedural conditions was accepted in other states.

The Supreme Court upheld the criteria used by the court of appeal for denying the right to limit the patent. The court of appeal's reason for denying this right was that the limitation would give rise to a new debate about validity after filing the grounds of appeal. The court of appeal was allowed to find this based on the fact that the added limitation was not used for an elaboration or more accurate definition of an earlier argument, and that it introduced a wholly new element in the proceedings.

Lars de Haas


V.O.Carnegieplein 5, 2517 KJThe 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

News of EasyGroup failing in its trademark infringement claim against ‘Easihire’ and Amgen winning a key appeal at the UPC were also among the top talking points
Submit your nominations to this year's WIBL EMEA Awards by February 16 2026
Edward Russavage and Maria Crusey at Wolf Greenfield say that OpenAI MDL could broaden discovery and reshape how clients navigate AI copyright disputes
The UPC has increased some fees by as much as 32%, but firms and their clients had been getting a good deal so far
Meryl Koh, equity director and litigator at Drew & Napier in Singapore, discusses an uptick in cross-border litigation and why collaboration across practice areas is becoming crucial
The firm says new role will be at the forefront of how it delivers value and will help bridge the gap between lawyers, clients and tech
Qantm IP’s CEO and AI programme lead discuss the business’s investment and M&A plans, and reveal their tech ambitions
Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
Gift this article