Adaption of the description at the European Patent Office: where are we now?

A critical issue affecting every European patent application

The requirement to adapt patent descriptions to conform with allowed claims is one of the most controversial practices in European patent law. While the EPO claims this ensures legal certainty, critics argue it creates risks for future litigation and claim interpretation.

Current Legal Uncertainty

Some recent EPO appeal board decisions have found no legal basis for mandatory description adaptation, yet EPO Examiners continue enforcing this requirement. This creates conflicting guidance that practitioners must navigate while protecting clients' interests.

What You'll Learn
Immediate Practical Insights:

• Current litigation risks and strategic responses
• How description changes impact infringement proceedings under European doctrines of equivalents
• Balancing EPO compliance with robust patent protection

 Future Developments:

• Potential changes to EPO practice on description adaption
• Brief consideration of the Enlarged Board of Appeal’s decision G 1/24 on claim interpretation

Key Takeaways

1. Risk management strategies for current and future litigation
2. Effective collaboration between EPO prosecution and litigation teams
3. Preparing for potential shifts in European patent practice

Meet our speakers:

• Donald McNab - Principal
• Andrew Tiberia - Trainee Patent Attorney
• Daniel McGrath - Managing Associate

To register for this free webinar, please book below: