G 1/24: A Win For Claim Interpretation, A Setback For Clarity Discussions?

The Enlarged Board of Appeal's Decision in G 1/24

After more than 50 years of the EPC, the EPO's Enlarged Board of Appeal (EBA) has finally provided more certainty on how to construe claims in its long-awaited decision G 1/24. Specifically, when assessing the patentability of an invention under Articles 52 to 57 EPC, the description and drawings shall always be consulted to interpret the claims. This landmark decision is a step towards aligning claim interpretation principles between the EPO and the national courts as well as the UPC. However, the decision may also entail new challenges when it comes to clarity objections during examination or opposition proceedings before the EPO.