Article 56

EUROPEAN PATENT OFFICE

Information from the EPO

Notice from the European Patent Office dated 4 August 2025 concerning the continuation of proceedings in view of referral G 1/25

1. Referral G 1/25 ("Hydroponics") is pending before the Enlarged Board of Appeal. With its decision T 697/22, the referring board seeks to clarify the following questions:

(1) If the claims of a European patent are amended during opposition proceedings or opposition-appeal proceedings, and the amendment introduces an inconsistency between the amended claims and the description of the patent, is it necessary, to comply with the requirements of the EPC, to adapt the description to the amended claims so as to remove the inconsistency?

(2) If the first question is answered in the affirmative, which requirement(s) of the EPC necessitate(s) such an adaptation?

(3) Would the answer to questions 1 and 2 be different if the claims of a European patent application are amended during examination proceedings or examination-appeal proceedings, and the amendment introduces an inconsistency between the amended claims and the description of the patent application?

2. To ensure proper functioning of the EPO and for legal certainty, the President of the EPO has decided that proceedings before the examining and opposition divisions should continue.

3. This notice applies with immediate effect.