Article 20
Citation: OJ EPO 2025, A20
Online publication date: 28.2.2025
EUROPEAN PATENT OFFICE
Information from the EPO
Notice from the European Patent Office dated 12 February 2025 concerning the adoption of gender-neutral language in the EPC Implementing Regulations
By decision of 10 December 2024, the Administrative Council of the European Patent Organisation adopted a set of amendments introducing gender-neutral language into the Implementing Regulations to the Convention on the Grant of European Patents (EPC Implementing Regulations).1 The amendments will enter into force on 1 April 2025.
Fifty provisions in the English version of the EPC Implementing Regulations have been amended to introduce gender-neutral wording. In addition, the terms "homme du métier" and "Fachmann" in the French and German versions of Rule 31(1) EPC have been replaced by "personne du métier" and "Fachperson" respectively. Recognising the complexity of using gender-neutral language in legal texts in French and German, those versions of the EPC Implementing Regulations have been prefaced with an interpretative preamble. To maintain consistency between all versions of the EPC Implementing Regulations, an interpretative preamble has also been added to the English version. Any differences between the EPC articles, the Implementing Regulations or any secondary legislation caused by the adoption of gender-neutral language are under no circumstances intended to imply a difference in substance or a divergence from established practice.
As affirmed by the Administrative Council, any gender-specific terms in the EPC are to be interpreted in a gender-neutral way and do not signify any form of gender-bias or discrimination. The key principle underpinning the review process was to introduce gender-neutral language where possible, whilst ensuring legal certainty and without compromising on clarity and intelligibility. This was an essential consideration also during the user consultation given the distinct linguistic and grammatical properties of the EPO's three official languages.
Considering its commitment to becoming a more diverse and inclusive organisation, the EPO aims to use gender-neutral language whenever possible when drafting new legislation and amendments to its legal texts, including the EPC Implementing Regulations. In that regard, the EPO has already taken steps to use gender-neutral language in its legal texts relating to patent law. Gender-neutral language is used in the Guidelines for Examination in the EPO and the Guidelines for Search and Examination at the EPO as PCT Authority.2 The first provisions of the EPC Implementing Regulations to contain gender-neutral language entered into force on 1 April 2024.3
1 See the decision of the Administrative Council of 10 December 2024 introducing gender-neutral language in the Implementing Regulations to the Convention on the Grant of European Patents (CA/D 20/24, OJ EPO 2025, A16).
2 See the notice from the European Patent Office dated 7 December 2023 concerning the updating of the Guidelines for Examination in the European Patent Office (OJ EPO 2024, A9) and the notice from the European Patent Office dated 25 January 2021 concerning the updating of the Guidelines for Search and Examination at the European Patent Office as PCT Authority (PCT-EPO Guidelines) (OJ EPO 2021, A7).
3 See the decision of the Administrative Council of 14 December 2023 amending Rules 1, 22, 41, 147 and 152 of the Implementing Regulations to the European Patent Convention (CA/D 26/23, OJ EPO 2024, A16).