​​Second round of discussions on EPC, PCT-EPO and Unitary Patent Guidelines

​​The 28th meeting of the SACEPO Working Party on Guidelines (SACEPO WP/G) took place on 9 October 2024. This was the second of two meetings to discuss the draft Guidelines for 2025.​ 

​As part of our commitment to incorporating user feedback, the European Patent Office (EPO) held this year’s second meeting on the annual Guidelines revision cycle with representatives of user groups. SACEPO WP/G members had been invited to review the draft Guidelines over the summer and provide their input. Of the 409 comments received in total, 113 were on the EPC Guidelines, 54 on the Guidelines for Search and Examination at the EPO as PCT Authority (PCT-EPO) and 242 on the Unitary Patent Guidelines. ​ 

​Overall, feedback on the drafts was positive and, as every year, provides a key driver of improvements to the quality of the Guidelines. Most suggestions were adopted, contributing to the final version of the texts. Members appreciated that, in most cases, the contents have been clarified and references to other legal sources added. Likewise, they expressed their satisfaction regarding the Office’s practice of providing detailed explanations on every comment, in particular with regard to suggestions exceptionally not adopted. 

​Preparation of the new Unitary Patent Guidelines 

​A highlight of the meeting was the discussion of the Unitary Patent Guidelines, which will be released for the first time in April 2025. The Office appreciated the extent of the comments and the constructive feedback received from the users during the consultation process. This proved very useful for the drafting of this first edition of the Guidelines. Many aspects were addressed, touching upon the structure, scope and contents of the Guidelines. Exchanges focussed particularly on points of substance relating to procedures before the Unitary Patent Protection Division, which is in charge of the processing and registration of requests for unitary effect, as well as maintaining the Unitary Patent Register. 

​EPC and PCT-EPO Guidelines 

​Exchanges on the EPC Guidelines addressed various topics, including clarifications introduced to Guidelines related to the use of AI-tools to draft application documents and related submissions, as well as to the definition of AI and machine learning. It was acknowledged that changes to both EPC and PCT-EPO Guidelines may be required to reflect the decision expected from the Enlarged Board of Appeal in the case G 1/23 “Solar cell” related to the determination of the state of the art for the assessment of patentability.  

​Changes to the Guidelines revision cycle 

​Another important agenda topic was the Office’s proposals to improve the Guidelines revision cycle, based on the input of the SACEPO WP/G members and the results of the user consultation conducted in spring this year. Members were pleased that the proposal to move the date of entry into force of the Guidelines from 1 March to 1 April will be implemented in the next revision cycle. 

​Modernisation of Official Journal and decommissioning of Guides for applicants 

​Finally, the Office provided information on the EPO publications closely related to the Guidelines, namely the Official Journal and the Guides for applicants (European Patent Guide, Euro-PCT Guide and Unitary Patent Guide). An outlook was provided on the Office’s intention to modernise the publication of the Official Journal to increase transparency and access to important legal information. The Office informed members that all three Guides will be discontinued as of April 2025. Their content will be fully included in the EPC, PCT-EPO and Unitary Patent Guidelines, making these the main source of information.