Article 63
Citation: OJ EPO 2025, A63
Online publication date: 31.10.2025
EUROPEAN PATENT OFFICE
Information from the EPO
Notice from the European Patent Office dated 9 October 2025 concerning the adoption of gender-neutral language in the Unitary Patent secondary legislation
By decision of 9 October 2025, the Select Committee of the Administrative Council adopted a set of amendments introducing gender-neutral language in the Rules relating to Unitary Patent Protection (UPR).1 The amendments enter into force on 1 December 2025.
The UPR are already largely drafted in gender-neutral terms. The English text of the UPR will become entirely gender-neutral through amendment of four provisions. In particular, the gender-specific pronouns "he/his" will be replaced by "they/their". The linguistic amendments do not alter the substance of the UPR. The updated text will be available on the EPO website. No amendments to the Rules relating to Fees for Unitary Patent Protection (RFeesUPP) are required.
While no changes will be made to the French and German texts, in order to preserve the clarity of the texts, all three language versions of the UPR and the RFeesUPP will be prefaced with an interpretative preamble to make it clear that any non-gender-neutral terms are to be interpreted in a gender-neutral way.
The Select Committee of the Administrative Council further affirmed in its decision that any difference in terminology between Regulation (EU) No 1257/2012, Regulation No 1260/2012 and the instruments of secondary legislation caused by the adoption of gender-neutral language are not intended to imply a difference in substance or a divergence from established practice.
Gender-neutral language is already used in the Unitary Patent Guidelines, the Guidelines for Examination in the EPO and the Guidelines for Search and Examination at the EPO as PCT Authority.2 The Administrative Council likewise adopted gender-neutral terminology in the EPC Implementing Regulations in December 2024.3
1 See the decision of the Select Committee of the Administrative Council of 9 October 2025 introducing gender-neutral language in the Rules relating to Unitary Patent Protection (SC/D 1/25, OJ EPO 2025, A62).
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) and 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).