Report of the European Patent Practice Committee
Amicus Curiae Brief in Case G1/24
The EPPC established an ad hoc working group to draft an amicus curiae brief in G 1/24. The group was established in early August und met several times to discuss a response strategy, also including the results of a poll amongst epi’s major committees and all council members. The group met in person on 8 November 2024 to collaboratively draft a response brief which was finalised and submitted to the EBA for consideration following presentation to Council on 15 November 2024.
This case raises fundamental questions about how patent claims should be interpreted under the European Patent Convention. epi supports the admissibility of the referral and provides concise responses to the referred questions:
Question 1: Is Article 69(1), second sentence EPC and Article 1 of the Protocol on the Interpretation of Article 69 EPC to be applied on the interpretation of patent claims when assessing the patentability of an invention under Articles 52 to 57 EPC?
epi answer: Yes, Article 69 (1), second sentence EPC and Article 1 of the Protocol on the Interpretation of Article 69 EPC is to be applied on the interpretation of patent claims when assessing the patentability of an invention under Articles 52 to 57 EPC.
Question 2: May the description and figures be consulted when interpreting the claims to assess patentability and, if so, may this be done generally or only if the person skilled in the art finds a claim to be unclear or ambiguous when read in isolation?
epi answer: The description and drawings must be consulted generally when interpreting the claims and not only if the person skilled in the art finds a claim to be unclear or ambiguous when read in isolation.
Question 3: May a definition or similar information on a term used in the claims which is explicitly given in the description be disregarded when interpreting the claims to assess patentability and, if so, under what conditions?
epi answer: An explicit definition or similar information on a term used in the claims that is given in the description may be disregarded if it is technically meaningless vis-á-vis the matter for which protection is sought.
The brief emphasizes the critical importance of a harmonized approach to claim interpretation to ensure legal certainty within the European patent system.
Please find the full paper here.
EPPC meets EPO Directorate-General 1
On 25 November, experts from epi (coming from various committees including the European Patent Practice Committee (EPPC) and its technological groups for ICT, Mechanics, and Pharma, the OCC Committee, the Guidelines Working Group and the Litigation Committee) participated in a hybrid meeting with the European Patent Office Directorate-General 1 Patent Granting Process.
Hosted at the EPO offices in The Hague, the session brought together experts in person and online, enabling wide-ranging discussions with EPO representatives. Opening remarks were delivered by Chris Mercer, Chair of the EPPC, alongside Razik Menidjiel, Chief Operating Officer Operations of the EPO, who both stressed the importance of fostering continued dialogue and collaboration between epi and the EPO.
The meeting, which lasted from 10:00 to 16:00, featured in-depth discussions on quality-related issues. epi shared its feedback on the EPO’s Quality, engaging in constructive dialogue on areas for improvement. The EPO also elaborated on its mechanisms for handling complaints and feedback, as well as on the role of the ombuds office.
Opposition proceedings were another point of the exchange. Key topics addressed included the EPO’s approach to meeting new deadlines under the UPC system, the potential for physical attendance in specific opposition cases, and the process for selecting members of Opposition Divisions, particularly the involvement of primary examiners from Examining Divisions.
The EPO provided insights into its current operational landscape, particularly into how examiners are adapting to digital environments. Discussions also touched on the evolving role of artificial intelligence, including automatic pre-classification, AI-supported classification, and the challenges of examining AI-related applications.