New referral to Enlarged Board of Appeal

On 29th July, 2025, Technical Board of Appeal 3.3.02 issued a decision referring three questions relating to the adaptation of the description to the Enlarged Board of Appeal (EBA).

They relate to whether, during opposition and opposition-appeal proceedings, it is necessary for the description to be amended if it is inconsistent with amended claims allowed during those proceedings and, if so, under which provision of the EPC this should be done. It also asks whether the answers would be the same if the amended claims were allowed during examination or examination-appeal proceedings. This case been assigned the number G 1/25 – “Hydroponics”.

The question of amendment of the description has been a hot topic for some years. There nearly was a referral to the EBA on this topic last year. The present referral will provide an opportunity for all interested parties to give their views and for the EBA to provide a clarity to what has become a murky issue. epi will be providing an amicus curiae brief to the EBA and no doubt many others will do the same.