EUROPEAN PATENT OFFICE
Information from the EPO
Notice from the European Patent Office dated 3 December 2024 concerning the updating of the Guidelines for Examination in the European Patent Office
By decision of the President of the EPO dated 3 December 2024 and pursuant to Article 10(2) EPC, the Guidelines for Examination in the European Patent Office (EPC Guidelines) have been amended in line with the EPO's policy to provide an annual update. The amended EPC Guidelines, which enter into force on 1 April 2025, will be published as a complete April 2025 edition that will supersede the March 2024 edition.
The April 2025 edition of the EPC Guidelines will be issued in electronic form only and will be available in all three official languages on the EPO website at epo.org.
The EPC Guidelines will be available as PDF files – one clean version and one version showing all modifications – and as a HTML file. Within each section of the HTML file, the latest amendments can be viewed by selecting the Show modifications checkbox in the upper-right corner. A full list of the sections which have been amended, together with corresponding hyperlinks, will also be available.
As a courtesy service, a preview of the English version will be made available on the EPO website at the beginning of February for advance information.
Amendments have been made to all parts of the EPC Guidelines. Some of these result from case law of the EPO boards of appeal, while others are based on decisions of the President and legal or procedural changes; some updates have been made in response to user requests for further clarification of the EPO's practice. In addition, as part of an initiative to harmonise and modernise the language used in the Guidelines over the coming three years, the wording of Parts F and G is now simpler, clearer and more consistent. Furthermore, the use of gender-neutral expressions has been fostered in all official languages and in all parts. In particular, the term "person skilled in the art" has been changed to "Fachperson" and "personne du métier" in German and French versions, respectively.
Clarifications and updates to the EPO's practice have been added throughout the Guidelines. In particular, Part A now reflects the new fee structure and fee reductions for micro-entities. This part also includes information on the new validation state (Lao People's Democratic Republic). Part G clarifies the definition of AI and machine learning and the handling of applications in these technical fields. Part D reflects the prohibition of double patenting and the practice of accelerating opposition proceedings. Parts C and E now include relevant content from the Euro-PCT Guide.
Once the preview version is published, the EPO will launch an online user consultation on the new Guidelines. Detailed information about this consultation, which will run until mid-April 2025, will be published on the EPO website at the beginning of February 2025.