epi submits Amicus Curiae Brief in Case G1/24

The Institute of Professional Representatives before the European Patent Office (epi) has submitted an amicus curiae brief to the Enlarged Board of Appeal in Case G1/24. 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.