epi Working Group prepares Amicus Curiae Brief for Referral G 1/24

On Friday, 8 November 2024, an epi working group chaired by Michael A. Fleuchaus met to finalize the draft of an amicus curiae brief in respect of case G 1/24, which will be presented to the Institute’s Council at its upcoming C98 meeting on 16 November 2024.

The Working Group discussed about the interpretation of patent claims for assessing patentability, guided by three key questions referred to the Enlarged Board of Appeal. The discussions examined whether Article 69(1), second sentence of the EPC, along with Article 1 of the Protocol on the Interpretation of Article 69, should guide claim interpretation under Articles 52 to 57 EPC. The group also deliberated on the role of the patent’s description and figures in interpreting claims and where they may inform patentability assessments. Lastly, they explored under what conditions definitions or information explicitly stated in the description might be disregarded when interpreting claims for patentability purposes.

In preparing this draft, the Working Group held a series of preliminary meetings and distributed surveys among epi Council members and members of the EPPC and LitCom Committees, aiming to gather their perspectives on these questions.

Stay tuned for further updates!