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ARTICLE · 07 JULY 2025

G 1/24: EPO's Decision On Claim Interpretation

Potter Clarkson LLP
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In G 1/24, the EPO's Enlarged Board of Appeal (EBA) has confirmed that the description and drawings must always be consulted when interpreting the claims to assess the patentability...

United KingdomIntellectual Property
David Carling
David Carling
Craig Bowers
Craig Bowers
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In G 1/24, the EPO's Enlarged Board of Appeal (EBA) has confirmed that the description and drawings must always be consulted when interpreting the claims to assess the patentability of an invention, not only where ambiguity arises. This brings EPO practice more closely in line with national courts and the Unitary Patent Court (UPC).

ARTICLE SUMMARY

  • The claims of any patent continue to define the scope of protection of the patent.
  • The Enlarged Board of Appeal (EBA) had previously approached claim interpretation from varying legal standpoints:
    • G 2/88, G 6/88 identified Article 69 EPC and the Protocol as the legal basis.
    • G 2/12 identified Article 84 EPC as the legal basis.

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