Referral G1/25 on adaptation of the description

For legal certainty and in the interests of all stakeholders, the EPO will continue examination and opposition proceedings while referral G 1/25 is pending before the Enlarged Board of Appeal​.

With decision T 697/22 of 29 July 2025, a Technical Board of Appeal made referral G 1/25 (”Hydroponics”) to the Enlarged Board of Appeal seeking to clarify whether the European Patent Convention (EPC) requires the adaptation of the description to the claims. The questions referred are detailed in decision T 697/22.

​In view of the need for legal certainty, the effective functioning of the EPO, 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. This means examining and opposition divisions will continue to apply the practice outlined in the Guidelines for Examination in the EPO, including the adaptation of the description where necessary.

​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 EPC. The EPO awaits the decision of the Enlarged Board of Appeal and will promptly implement its conclusions in the practices of the examining and opposition divisions.

Recently, the Enlarged Board issued decisions G 1/23 and G 1/24, and the Office is taking measures for their effective implementation.