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ARTICLE · 24 APRIL 2026

2026 EPO Guidelines: Applying G1/24

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The EPO Enlarged Board of Appeal’s 2025 decision, G1/24, established that the description of a patent or application must always be consulted when determining patentability of the claims.

United KingdomIntellectual Property
Faye Campbell
Faye Campbell
Gareth Williams
Gareth Williams
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The EPO Enlarged Board of Appeal’s 2025 decision, G1/24, established that the description of a patent or application must always be consulted when determining patentability of the claims. See our earlier summary here. Clearly this has significant impact on examination, opposition, and search proceedings. The 2026 EPO Guidelines revision includes extensive changes, spanning sections on clarity, interpretation and more, concerning the construction of claims for the purpose of assessing patentability. 

Clarity (GL 2026, F-IV, 4.1)

The idea that claim clarity is of the utmost importance has been expanded on.

It was stated in the G1/24 decision that Art. 84 EPC is formal in nature and does not mention the invention (paragraph 8). Despite this analysis, a renewed focus on clarity was invited by the decision overall. The latest version of the Guidelines spells out that the reason why clarity is so important is for “legal certainty”. 

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