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ARTICLE · 04 AUGUST 2025

Referral On EPO Description Amendments Confirmed (G1/25 - "Hydroponics")

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A Board of Appeal at the EPO has referred questions to the Enlarged Board of Appeal (EBA) in connection with inconsistencies between the claims and description of a European patent vs. those of a European patent...

European UnionIntellectual Property
Craig Bowers
Craig Bowers
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A Board of Appeal at the EPO has referred questions to the Enlarged Board of Appeal (EBA) in connection with inconsistencies between the claims and description of a European patent vs. those of a European patent application (pre-grant vs. post-grant).

The following questions have been referred to the EBA (referral pending under: G 1/25 - "Hydroponics").

  1. If the claims of a European patent are amended during opposition proceedings or opposition-appeal proceedings, and the amendment introduces an inconsistency between the amended claims and the description of the patent, is it necessary, to comply with the requirements of the EPC, to adapt the description to the amended claims so as to remove the inconsistency?

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