Global stakeholders meet at the EPO to discuss substantive patent law harmonisation

Participants at the B+ Working Group on Substantive Patent Law Harmonisation stakeholder meeting hosted by the EPO in Munich on 17-18 February 2026

On 17 and 18 February, the B+ Working Group on Substantive Patent Law Harmonisation held an international stakeholder meeting, chaired by Julyan Elbro of the UK Intellectual Property Office and hosted by the EPO. The hybrid meeting brought together more than 70 representatives of patent offices, users and other stakeholders from around the world to advance discussions on key aspects of substantive patent law harmonisation.

In his welcome address, EPO President António Campinos underlined the value of bringing stakeholders together in a single forum. He emphasised the increasingly global nature of innovation, noting that substantive patent law harmonisation has become a strategic necessity for today’s economy. He also invited users to embrace flexibility, a necessary element for harmonisation to be achieved: “Rules that feel different aren’t necessarily better or worse, they’re just different reflections of our shared goals for promoting innovation. And when we take the time to understand one another, we create space for harmonisation.”

Following a message of encouragement from the Chair of the Group B+, Pascal Faure, by his representative and a short introduction by the Chair of the B+ Working Group, participants were briefed on the work of the EPO’s Observatory on Patents and Technology and its role in enhancing access to IP and technology-related knowledge.

Key technical discussions

Discussions focused on contentious aspects of the grace period, such as the reference date, accelerated publication, and whether a statement should be required. Japanese users provided valuable insights into the practical aspects of fulfilling the statement requirement in Japan. The conditions for the accrual of prior user rights were examined, including standards of behaviour, whether derivation from the applicant during the grace period should be allowed, and thresholds for the acquisition of these rights. The scope of prior user rights was explored, covering permitted modifications to volume of use, embodiments and types of acts of use of the invention, shedding light on the complexities of these issues. Conflicting applications were also addressed, spanning the complex issues of "distance" between applications, anti-self-collision, and double-patenting measures, including the treatment of PCT applications.

Looking ahead: future work of the B+ Working Group

At the end of the meeting, the Chair explained the next steps the Working Group intended to propose for the 2026-2027 work cycle, and these were supported by the users. Stakeholders reaffirmed their collective commitment to advancing the harmonisation process. In the more immediate future, the user input received at this meeting will now flow into the Report of the B+ Working Group on prior user rights. This report will be presented to the Group B+ at the Plenary meeting which will be held in Geneva in July in the margins of the WIPO General Assemblies.