The changes to the Guidelines relate to a range of issues, such as the test for removing or replacing features in a claim, new sections on exclusions to patentability including AI and machine learning cases, as well as new guidance on inventive step attacks in oppositions and the issuance of summons to oral proceedings as a first action in examination.
While the Guidelines are nominally a reflection of current practice at the EPO, the new Guidelines contain several significant changes from the previous edition which will undoubtedly alter how examiners and attorneys approach certain aspects of European law.
Our experts Tom Hamer and Alexander Korenberg discuss the key changes and whether applicants will welcome the updates here.
Do you agree with their comments?
For more information on the EPO Guidelines please contact Tom Hamer, Alexander Korenberg or your usual Kilburn & Strode advisor.