IP Cases & Articles
G 1/24 confirms the description and drawings should always be consulted when interpreting claims
The eagerly awaited European Patent Office (EPO) decision G 1/24 has finally issued and provides much needed clarity on the principles of claim interpretation.
The Enlarged Board of Appeal concludes that the claims are the starting point and the basis for assessing the patentability of an invention and that the description and any drawings must always be consulted to interpret the claims for this assessment.
Furthermore, the Enlarged Board of Appeal clarifies that this requirement is independent of whether the skilled person finds a claim to be unclear or ambiguous when read in isolation.
We will publish our full review of this decision in due course.
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