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ARTICLE · 11 MARCH 2026

STOP PRESS: G 1/24 Update

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

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The appeal concerned is T 873/24, and the question reportedly being referred to the EBA by the Board of Appeal concerns whether/how decision G 1/24 applies to the assessment of added matter (Article 123(2) EPC)...

United KingdomIntellectual Property
Paul Williams
Paul Williams
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Phew. Having only just reported on the latest application of decision G 1/24 of the European Patent Office (EPO) Enlarged Board of Appeal (EBA), things take a yet murkier turn with another related referral to the EBA now being reported.

The appeal concerned is T 873/24, and the question reportedly being referred to the EBA by the Board of Appeal concerns whether/how decision G 1/24 applies tothe assessment of added matter (Article 123(2) EPC), and extension of subject matter in divisional applications (Article 76 EPC). 

In the patent in suit, EP3587104, a ratio of chemical elements is specified in claim 1 of the patent as granted with no units, whereas in the original application and the parent and grandparent applications, the ratio is expressed by weight. The opinion of the Board of Appeal was that this omission is an impermissible broadening that left the claim open-ended. The patentee argued that, according to decision G1/24, the description must always be

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