The Enlarged Board of Appeal held that an inconsistency between a patent's claims and its descriptive text must be corrected only where that inconsistency causes non-compliance with a specific requirement of the European Patent Convention, including the novelty and inventive-step provisions of Articles 52 to 57, the sufficiency requirement of Article 83, the clarity requirement of Article 84, and the disclosure requirements of Articles 76(1) and 123. The board's own communique states that an inconsistency alone does not automatically require amendment. Practically, this should reduce examiners' routine requests to amend descriptions purely for formal consistency with the claims, though descriptions must still be amended wherever an inconsistency actually produces one of the listed compliance failures, and any deletions that do proceed may carry more weight during later enforcement. The decision applies to all pending European patent applications, including those filed by Indian companies seeking protection in Europe, and reshapes prosecution strategy for patent attorneys managing European filings.
EU IP and Copyright 10 Sept 2026
EPO Enlarged Board Relaxes Requirement to Amend Patent Descriptions
The European Patent Office's Enlarged Board of Appeal ruled on September 3 in case G 1/25 that patent descriptions need only be amended when an inconsistency with the claims would cause the application to fail a specific requirement of the European Patent Convention, rejecting the position that purely formal consistency is always required. The decision should reduce amendments made for formal tidiness alone.
Source: The IPKat, September 3, 2026
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