Boult Wade Tennant
/insight_type

Topic: EPO

September 29, 2025

Enlarged Board of Appeal Issues Ruling in G 2/24

The Enlarged Board of Appeal in G 2/24 upheld G 3/04, ruling that third parties intervening at appeal are parties as of right, not appellants and can’t continue proceedings if appeals are withdrawn.

September 17, 2025

More on claim interpretation at the EPO after G 1/24

G 1/24 clarifies that while the EPO must consult the description, claims take primacy. Patentees must draft claims clearly – no reliance on interpretive help from the description.

September 16, 2025

Intellectual property (IP) and photovoltaics: examining the EPO’s latest observatory report

EPO data shows sustained growth in photovoltaic patents, with China leading production. Europe’s universities and start-ups are driving innovation in PV devices, materials, and applications.

August 15, 2025

Claim interpretation at the EPO after the recent case law (G 1/24)

T 1846/23 shows how G 1/24 is being applied: the EPO rejects narrowing claims via the description alone. As G 1/25 is awaited, the importance of clear drafting is reinforced.

July 31, 2025

Finally: A referral to the Enlarged Board of Appeal on description amendments

The European Patent Office (EPO) has insisted upon the adaptation of the description to avoid inconsistencies with amended claims. A Board of Appeal has referred questions on the matter.

June 23, 2025

G1/24 explained: the description and figures must be considered in claim interpretation

G1/24 clarifies claim interpretation under the EPC, confirming that the description and drawings must always be consulted – an important shift in EPO practice.

June 19, 2025

Use of the EPO’s problem-and-solution approach for assessing inventive step at the UPC

The UPC’s Court of First Instance confirms the EPO’s problem-and-solution approach as the main method for assessing inventive step, ensuring consistency and legal certainty across Europe.

March 18, 2025

Laos joins as an EPO validation state

Last year we reported that the EPO signed a validation agreement with Lao People’s Democratic Republic (PDR).  The EPO have now announced

February 6, 2025

EPO announces surge in inventions for electricity grids: smart grid technologies dominate and patent filings prioritised by startups in this sector

At the end of last year, the EPO, in connection with the International Energy Agency (IEA), announced a study charting the rapid

July 13, 2023

G1/23 – A burdensome new referral to the EPO’s Enlarged Board regarding the state of the art.

Can a product be simultaneously available and unavailable to the public? In T 0438/19 , the Board grappled with questions regarding the criteria