EPO Publishes Draft Version Of Updated Guidelines For Examination

The new version of the EPO's Guidelines for Examination is due to come into force on 1 March 2021. In advance of the Guidelines entering into force, the EPO has now published a draft version of the Guidelines here.  

Previously, the Guidelines were published in November each year. However, the EPO departed from this schedule last year and the EPO now plans to publish the updated Guidelines in March each year. Thus, the new version of the Guidelines is the first update since November 2019. 

In general, the changes seek to bring the Guidelines into line with current practice and recent Board of Appeal decisions. 

One change of particular note relates to amending the description for conformity with the claims. The change had been anticipated following internal guidance that had been issued to examiners at the EPO. The Guidelines now state at Part F, chapter IV, 4.3 (iii):