1.2.3 Teleological interpretation

Like national and international courts, the Enlarged Board applies the method of teleological interpretation in the construction of legislative provisions in the light of their purpose, values, and the legal, social and economic goals they aim to achieve. In this, the Enlarged Board examined their objective sense and purpose (e.g. G 1/88, point 5 of the Reasons; G 1/03, point 2.1.1 of the Reasons). The starting point was marked by determining the general object of the relevant provision (ratio legis) because the interpretation could not contradict the provision's spirit (G 6/91, point 8 of the Reasons). In point IV.3, G 1/18 endorsed this approach, set out in point VII.3 of G 2/12, virtually word for word. In its interim conclusion on this point, G 1/18 found that the teleological interpretation, i.e. the interpretation of the meaning in the light of the purpose of Art. 108 EPC, first and second sentences, EPC, led to the same interim conclusions as reached on a literal and a systematic interpretation.

In T 844/18, since the ordinary meaning of the term "any person" in Art. 87(1) EPC was ambiguous, the board had to turn to the object and purpose of the Paris Convention and, more broadly, public policy considerations in order to interpret "any person". This was also in line with Art. 31(1) and 33(4) of the Vienna Convention (see points 30 and 45 of the Reasons).