40th US Bar-EPO Liaison Council annual meeting

​​​EPO Vice-President Legal and International Affairs Christoph Ernst, together with the delegations of the EPO and US Bar​ 

​​The EPO (European Patent Office) has exchanged updates with US users, addressing key developments in both the US and Europe, at the 40th annual meeting of the US Bar-EPO Liaison Council.​ 

The Liaison Council was created in the US four decades ago as a forum to facilitate exchange between the EPO and US applicants, who account for a quarter of the Office's users and comprise the largest user group from any single country. The Council serves to promote mutual understanding of European and US patent practices. 

Towards a more accessible and affordable European patent system 

In his opening remarks, EPO President António Campinos provided updates on filing trends and measures to improve access to the patent system, including in the light of the European Commission’s recent publication of the Draghi report on sustainable competitiveness. President Campinos emphasised the important contribution of the Unitary Patent to simplifying and streamlining the European patent system. 

Conveying the spirit of co-operation that characterised all exchanges, the President added: “The EPO is committed to scaling up mechanisms across borders and deepening ties to shape a sustainable patent system that is open to the wider world, and thrives on the co-operation of diverse stakeholders.” 

Meeting the needs of US users of the European patent system 

The EPO delivered in-depth presentations on quality, the Unitary Patent and the Unified Patent Court, as well as substantive and procedural harmonisation and the latest developments in the convergence of practice. Regarding the Unitary Patent system, one US user reported that their company had been waiting a long time for its introduction, which had brought multiple benefits, adding: “It’s a very good system and we are happy to use it.” 

Technical issues of interest to US users were also addressed, such as the patentability of inventions involving AI-generated subject matter. Discussion of referrals pending before the Enlarged Board of Appeal covered both G1/23 on the determination of the state of the art and G1/24 on interpretation of claims. Additionally, there were exchanges on practices related to bringing the description into line with amended claims. Finally, responding to requests from participants, the EPO made suggestions as to how US applicants might best navigate the European patent system.