G 1/24 EPO: Setting The Stage For A Landmark Decision

Oral proceedings before the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) in the case G 1/24, have now been scheduled for 28 March 2025. G 1/24 is poised to potentially become a landmark case in European patent law, with the EBoA due to make a decision as to the extent to which the description and figures may be used for claim interpretation when assessing patentability.

Background (T 0439/22)

This referral to the EBoA originates from case T 0439/22, an appeal against the EPO Opposition Division's decision to uphold European patent EP 3076804, owned by Philip Morris Products S.A. This patent relates to "heat-not-burn" tobacco products, and particularly to a cartridge for a smoking device that includes an aerosol-forming substrate comprising a "gathered sheet" of aerosol-forming material.