Applicants at the European Patent Office will in future have to amend the description of their patent applications less often. This follows from decision G 1/25 of the Enlarged Board of Appeal, issued and published on 3 September 2026.
Until now, the EPO has generally required the description to be brought into line with the claims once these had been amended. Passages no longer covered by the claims had to be deleted or expressly marked as not belonging to the invention. This practice was unique among the major patent offices, often caused additional effort and cost in examination proceedings, and was controversial in the case law of the Boards of Appeal.
The Enlarged Board has now clarified that the description must be adapted only where an inconsistency with the claims actually leads to non-compliance with a requirement of the European Patent Convention, for example if it leaves real doubt about the meaning of a claim. An adaptation merely for the sake of formal concordance is not required. This applies equally in examination, opposition and appeal proceedings.
At the same time, the Enlarged Board confirmed that the description must always be consulted when interpreting the claims. For applicants and patent proprietors, careful drafting of the description therefore remains essential.
Source: Decision G 1/25 of the Enlarged Board of Appeal
https://www.epo.org/en/boards-of-appeal/decisions/g250001eu1