Article 55

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 23 July 2025 concerning the resumption of proceedings following decision G 1/23 of the Enlarged Board of Appeal

1. On 13 July 2023, the President of the European Patent Office (EPO) decided to stay ex officio all proceedings before the EPO examining and opposition divisions in which the decision depended entirely on the Enlarged Board of Appeal's decision on referral G 1/23 (see OJ EPO 2023, A68).

2. On 2 July 2025, the Enlarged Board of Appeal issued decision G 1/23, which confirms that a product put on the market before the date of filing of a European patent application cannot be excluded from the state of the art within the meaning of Article 54(2) EPC for the sole reason that its composition or internal structure could not be analysed and reproduced by the skilled person before that date. In addition, the Enlarged Board of Appeal found that technical information about such a product made available to the public before the filing date forms part of the state of the art within the meaning of Article 54(2) EPC, irrespective of whether the skilled person could analyse and reproduce the product and its composition or internal structure before that date.

3. The President of the EPO has decided to lift the stay of proceedings with effect from 3 July 2025. As of this date, proceedings affected by the stay will be resumed gradually. A communication to this effect will be issued in each of the cases concerned.