EPO-News: Press Communiqué of 18 June 2025 concerning decision G 1/24 (“Heated aerosol”) of the Enlarged Board of Appeal
20.06.2025
It came as we all hoped for …
In an EPO press communique it is noted that:
"The Enlarged Board today issued its decision in case G 1/24. It concluded that the claims are the starting point and the basis for assessing the patentability of an invention, and that the description and drawings must always be consulted to interpret the claims for this assessment."
The press communique further noted that:
"The Enlarged Board also referred to the harmonisation philosophy behind the EPC and noted that the case law of the UPC Court of Appeal on claim interpretation appeared to be consistent with its conclusions."
Hence, the Appeal Court of the UPC has thus brought about a harmonization with German legal practice that the German Federal Supreme Court (BGH) was for years unable to achieve.
The next logical step in the harmonisation of the legal interpretation of EPO and UPC is the alignement of the strict revocation practice of the EPO in the case of a so-called “inescapable trap” in opposition with the more differentiated approach established by the BGH and which the UPC will most likely follow.
Exciting times to live in … (unfortunately not just in this respect).
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