Guidelines for Examination – Table of Contents
List of sections amended in 2026 revision
MAJOR AMENDMENTS
General Part |
New subsections on Euro-direct route to a patent |
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New subsection on the law applicable to Euro-direct, Euro-PCT and international applications |
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New section on the use of artificial intelligence |
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New subsections on the procedural steps in the processing of Euro-direct applications |
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PART A |
Processing of colour drawings, OJ EPO 2025, A49 and OJ EPO 2025, A57 |
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New subsection on invitation to file a certified copy |
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Clarification of practice, paragraph breaks inserted for easier legibility |
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Clarification of practice: disparity between title given on request for grant and abstract |
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Clarification of practice: previously, only professional representatives could be members of an association |
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Clarification of practice: legal practitioners can administer their details in MyEPO |
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New subsection on representation by an association of representatives |
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New subsection on replacement drawings under Rule 58 |
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Part A,-XII XII-XV |
New chapters on Euro-PCT procedure |
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PART B |
Subsection amended in view of decision G 1/24 |
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PART C |
New subsections on Euro-PCT applications with and without a supplementary European search report and related subsections on acceleration of the proceedings by waiving the right to the communication under Rules 161(1) and 162 |
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New subsection on re-evaluation of the unity requirement in examination |
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New subsection on consideration of the contents of the IPER |
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New subsections on the process of a consultation using the Shared area and minutes of such a consultation |
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Added clarification regarding valid signatures and personal data in email exchanges |
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Clarification of the principles applied in assessing added subject-matter in divisional applications |
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PART E |
New policy on individual authorisations |
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Information on the AI-assisted minutes pilot |
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Handling of drawings in the minutes |
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Update regarding evaluation of evidence |
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Abolition of PACE for search |
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Bahrain added as a PPH partner office |
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Content moved to Part A-XII XII-XV |
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PART F |
New section on further medical use claims |
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Clarification in view of G 1/24 |
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Updated in view of case law |
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PART G |
Updates regarding free evaluation of evidence |
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Clarification in view of G 1/23 |
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New subsection on preclinical data and clinical trials in the prior art |
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New subsection on patient groups |
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New subsection on mechanistic definitions leading to a new clinical situation |
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Removal of the reference to "seriously contemplate" and addition of reference to the "gold standard" in view of T 1688/20 |
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Change of practice regarding assessment of novelty for selection inventions |
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PART H |
Clarification that Rule 80 is a non-discretionary substantive requirement |
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Section aligned with G 2/21 |
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Updates regarding colour drawings, OJ EPO 2025, A57 |
MINOR AMENDMENTS
General Part |
Added statement about the gender-neutral interpretation of any references to persons in the Guidelines |
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New subsections on updating and publishing the Guidelines and on suggestions for improvements |
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Updated section title |
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Updated information about the most recent updates and editions of the Guidelines |
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Updated section title and clarification regarding references to EPC 2000 |
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Section restructured, with content partially moved to new subsections General Part, 3.4 and General Part, 3.5 |
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Updated heading and clarified content |
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Clarification that EPC contracting states are also PCT contracting states |
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PART A |
Updated to reflect the integration of the information on Euro-PCT procedures into Part A |
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Wording updated to align with General Part |
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Updated to reflect renaming of "MyEPO Portfolio" as "MyEPO" |
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Restructured by removing outdated subsection II, 1.7.1 |
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Updated to reflect decommissioning of EPO Online Filing (OLF) |
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Added information about physical deficiencies under Rule 49(2) in correct application documents |
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New OJ notice on the filing of sequence listings |
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Clarification regarding signature by representatives |
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Updated name of Taiwan |
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Restructured by moving two paragraphs to new A‑III, 6.7.3 |
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Clarification regarding claims not incurring claims fees |
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A‑III, 11.2.5 |
Subsection deleted, information moved to A‑XIII, 5 |
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A‑III, 11.3.1 A‑III, 11.3.2 A‑III, 11.3.3 A‑III, 11.3.4 A‑III, 11.3.5 A‑III, 11.3.6 A‑III, 11.3.7 A‑III, 11.3.8 A‑III, 11.3.9 |
Subsections deleted to remove outdated information |
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Content partially moved to A‑XIII, 4.1, 4.1.1 and 4.1.2 |
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Updated information on recognised exhibitions |
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Added information on waiver under Rule 33(2) |
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Updated to reflect setting of conversion fee to zero, OJ EPO 2024, A3 |
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Clarification regarding corrections of translations and requirements for certifying translations |
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Subsection reworded for ease of reading |
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Information on authorisations (OJ EPO 2025, A45) |
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Legal basis added |
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Subsection restructured |
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Subsection updated |
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OJ EPO 2025, A52 on signature requirements |
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Information about enhanced electronic signature deleted |
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Title updated |
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Updated to reflect improvements in automatic debiting procedure, OJ EPO 2025, A18 |
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Wording aligned with the practice |
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Content partially moved to A‑XIII, 2 |
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Outdated information deleted |
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Clarification regarding application of fee reductions |
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Clarification regarding SMEs and micro-entities |
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Reference to A‑XIII, 7 added |
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Clarification regarding medium-size enterprises added |
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Clarification regarding dates of notifications |
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Added information on European Patent Register |
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OJ EPO 2025, A65 regarding administrative fees for file inspection |
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Updated to reflect abolition of accelerated searches, OJ EPO 2025 A69 |
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Added information on the Register for unitary patent protection |
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PART B |
Updated title and clarified content |
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Revised wording |
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Added information on the situation if no supplementary European search report is drawn up |
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Added clarification as to which claims the supplementary European search report is based on |
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Added reference to the PCT‑EPO Guidelines |
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Change to wording for ease of reading |
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Wording relating to MyEPO updated in view of OJ EPO 2025, A27 and A28 |
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PART C |
Content partially removed to avoid overlap with A‑XIV, 6.3 and A‑XIV, 6.5 |
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Restructured by moving content from deleted E‑IX, 2.3.5.1 |
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Point (iv) moved from C‑IV, 5 |
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Updated in relation to invitations under Rules 161, 162 and Rule 70a |
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Clarification regarding refusal of applications |
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Clarification regarding when applicants will be invited to remedy deficiencies |
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Redundant information deleted |
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Clarification regarding communications under Rule 71(3) based on wrong application documents |
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Added information on repeated requests for amendment in reply to communications under Rule 71(3) |
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Added information on requests for a decision according to the state of the file during oral proceedings |
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Added information on how to proceed when a person is not entitled to act before the EPO |
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Information on contents of minutes of a consultation |
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Additional information on the Shared area |
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PART D |
Additional information on participation in the proceedings for grant |
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Deletion of redundant information |
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Clarification regarding standard of proof |
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Wording corrected in line with D‑IV, 1.4.2 |
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Update on annexed documents, OJ EPO 2022, A28 |
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Title adapted to Art. 101(1) and Rule 81(3) |
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Added information on immediate decisions |
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Deletion of redundant information |
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Wording adapted to amended D‑VII, 1.1 |
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Added information on legal basis for revoking patent |
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Wording changed to include notification by Mailbox |
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PART E |
Wording changed to cover all types of notification |
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Additional information on requests for postponement of oral proceedings |
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Updated to cover oral proceedings by videoconference |
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Redundant information removed |
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Additional information on admitting new auxiliary requests |
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Additional information on time limits |
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Added information on accelerated processing of opposition proceedings once parallel court proceedings have ended |
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PART F |
Added information on formal acceptance of applications drafted in accordance with the CAF agreement |
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Added information on how to replace values not complying with Rule 49(2) (e.g. non-SI units) |
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Reference to "patent" removed to align content with Rule 48(1)(c) |
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Wording adjusted in view of T 161/18 and T 1191/19 and further detail added on basis of T 1669/21, Reasons 1.8, and in line with F‑III, 12 |
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Additional information on Rule 137(5) as a matter of allowability |
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Added positive definition of clarity based on Case Law Book II.A.1 and II.A.3.1 |
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Clarification that considerations for product claims equally apply to process claims |
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Wording aligned with the general definition of clarity (F‑IV, 4.1) |
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Added information on claims not consecutively numbered in Arabic numerals |
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Reference to section on functional features added |
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Clarification that further search fees do not necessarily have to be requested in cases of lack of unity |
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Clarification regarding the assessment of unity of invention for alternative solutions to known problems |
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Added information on reviewing the validity of the priority |
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PART G |
Updated in view of Art. 53(c) (T 775/97) to reflect that product claims formed only through a surgical step inside the body are not allowed |
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Clarification of the criteria for considering the requirements of Art. 56 to be fulfilled |
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Clarification regarding use of dates reported by a search engine |
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Updated to reflect access to online multimedia citations via MyEPO (OJ EPO 2025, A41) |
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Clarification that recognised exhibitions will be published on the website |
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Title changed in view of revision of F‑IV, 4.6 and deletion of F‑IV, 4.6.1 and 4.6.2 |
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Passage moved to new, specific subsection G‑VI, 6.1.2.3 |
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Cross-references to G‑VI, 6.1.2.2 added |
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PART H |
Clarification concerning prima facie assessment |
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Added examples relating to the use of Rule 137(3) |
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New subsections on Rule 137(3) in relation to non-unity |
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Updated information on the examining division’s discretion when sending communications under Rule 137(4) |
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Harmonisation of wording throughout Guidelines after change to rule on notification |
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Clarification regarding refusal in situations where claims are not amended or cannot be searched, Rule 62a/Rule 63 |
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Adapted to OJ 2023, A98 |
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Clarification regarding claimed subject-matter |
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Clarification regarding claimed subject-matter of a Euro-PCT application |
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Updated information on corrections under Rule 139 |
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Added information on handling requests for more than one type of correction |
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New subsections on correction of errors in bibliographic data and their effect in opposition proceedings, on corrections filed at a late stage and on corrections under Rule 140 |