New referral G 1/26: Further guidance sought on claim interpretation

​​For legal certainty and in the interests of all stakeholders, the EPO will continue examination and opposition proceedings while referral G 1/26 is pending before the Enlarged Board of Appeal.​

​​With decision T 873/24 of 3 June 2026, referral G 1/26 (”Coated steel strips”) was made to the Enlarged Board of Appeal seeking to clarify procedural and substantive issues, namely admissibility requirements of referrals as well as several specific aspects of claim interpretation following recent G 1/24, especially when assessing added subject-matter. The questions referred are detailed in the referring decision T 873/24. 

​In view of the need for legal certainty, the effective functioning of the patent system, and the interests of all stakeholders, the President of the EPO has decided that proceedings in examination and opposition should continue while the referral is pending, in line with the President’s decisions in G 1/24 and G 1/25. Examining and opposition divisions will continue to apply the practice outlined in the Guidelines for Examination in the EPO. 

​The Enlarged Board of Appeal serves as the highest judicial authority within the EPO's independent judiciary, tasked with ensuring the uniform application of the European Patent Convention (EPC). The EPO awaits the decision of the Enlarged Board of Appeal and will promptly implement its conclusions into the practices of the examining and opposition divisions.