EBA, Heated Aerosol, G 1/24, 18 June 2025
Today, the Enlarged Board of Appeal issued its decision in case G 1/24. The EBA clarified that the description and any drawings shall always be consulted to interpret the claims when assessing the patentability, and not just in the case of unclarity or ambiguity.
Headnote:
The claims are the starting point and the basis for assessing the patentability of an invention under Articles 52 to 57 EPC. The description and drawings shall always be consulted to interpret the claims when assessing the patentability of an invention under Articles 52 to 57 EPC, and not only if the person skilled in the art finds a claim to be unclear or ambiguous when read in isolation.
The entire decision can be found here.
The press release can be read here.
