1.1. Guidance in the EPC on its interpretation

The EPC itself provides relatively little guidance on its interpretation. The Protocol on the Interpretation of Art. 69 EPC deals with the extent of protection under Art. 69 EPC. The EPC contains some regulations on the hierarchy of legal provisions (Art. 150(2) and 164(2) EPC) and the equal authenticity of the EPC in its three official language versions (Art. 177 EPC). Article 125 EPC is not concerned with the interpretation of the EPC but serves merely as a "fill-in" in case of missing procedural provisions. Rule 26 EPC provides some definitions concerning biotechnological inventions and states that the EU Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions ("Biotech Directive") shall be used as a supplementary means of interpretation. In addition, the Preamble to the EPC states that the EPC constitutes a special agreement within the meaning of Art. 19 Paris Convention.

The EPC itself thus contains no general rules for its interpretation, and one must look outside its terms for such rules (G 2/12 and G 2/13, OJ 2016, A27 and OJ 2016, A28).