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ARTICLE · 22 AUGUST 2025

Will The UPC Guide The EPO When It Comes To Description Amendments?

Boult Wade Tennant LLP
Boult Wade Tennant LLP
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Boult Wade Tennant LLP

Boult Wade Tennant LLP

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We recently reported on the Enlarged Board of Appeal's Decision in G 1/24 that made it clear that the description and drawings must be consulted when interpreting the claims.

United KingdomIntellectual Property

Background
We recently reported on the Enlarged Board of Appeal's Decision in G 1/24 that made it clear that the description and drawings must be consulted when interpreting the claims. There was also an indication that the European Patent Office wanted to ensure harmonisation with the decisions of the Unified Patent Court.

As expected, the Decision in G 1/24 precipitated a new referral to the Enlarged Board of Appeal: in G 1/25, the Enlarged Board has been asked to provide guidance as to whether the description must be revised in light of amendments to the claims. Presumably the Enlarged Board will continue to seek harmonisation with the Unified Patent Court, and so recent Decisions of the Unified Patent Court might provide an indication as to the outcome of G 1/25.

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