Preview Of Amended EPO Guidelines For Examination Released

The EPO has released a preview of the amended Guidelines for Examination, due to come into force on 1 March 2021.

As expected, the amended Guidelines for Examination include more detailed guidance on the EPO's new approach towards description amendments (as discussed in our recent article).

In particular, parts F-II, 4.2, F-IV, 4.3 (iii), F-IV, 4.4 and H-V, 2.7 include updated information on the new approach.

In line with the guidance currently being received in Examination Reports that are being issued on pending applications at the EPO, it is noted at F-IV, 4.3 (iii) that, embodiments in the description which are no longer covered by the independent claims must be deleted unless these embodiments can reasonably be considered to be useful for highlighting specific aspects of the amended claims.  In such a case, the fact that an embodiment is not covered by the claims must be prominently stated (T 1808/06).