SACEPO WP/G discusses outcomes of user consultation on the Guidelines 2026
The SACEPO Working Party on Guidelines (SACEPO WP/G) met on 12 May and discussed the outcomes of user consultation on the Guidelines 2026 and considerations for the next revision cycle of 2027. There were lively discussions among users and exchanges with the EPO.
The meeting focused on feedback received during the online consultation on the preview editions of the 2026 Guidelines for Examination at the EPO (EPC Guidelines), the PCT-EPO Guidelines and the Unitary Patent (UP) Guidelines, which entered into force on 1 April 2026. The discussions helped clarify user comments and provided further insight into current EPO practice.
Public user consultation: main outcomes
The consultation generated 307 comments, mainly from European patent representatives and largely concerning the EPC Guidelines. The strong level of participation once again reflected active user engagement in maintaining the quality of the Guidelines. A consolidated summary of the consultation outcomes is available on epo.org.
Overview of key updates planned for the 2027 Guidelines
The EPO presented the main updates envisaged for the 2027 edition, including changes linked to the “third basket of legal changes”, which will support the transition to a fully paperless patent granting process by April 2027. Additional measures aimed at simplifying procedures and strengthening quality across the European patent system were also discussed.
Members were informed about proposed amendments to the EPC Implementing Regulations, including a possible obligation to indicate the basis for amendments upon entry into the European phase and during opposition proceedings. The EPO also announced its intention to include references to decisions of the Court of Appeal of the Unified Patent Court (UPC) in the EPC Guidelines.
Decisions G 1/24 and G 1/25, antibodies, divisional applications and opposition practice
Key legal and practice-related topics included the implementation of Enlarged Board of Appeal decision G 1/24 on claim interpretation and the pending referral G 1/25 on adapting the description. The EPO confirmed that discussions on implementing G 1/25 in the Guidelines will continue once a decision is issued.
The patentability of antibodies, particularly inventive step, was another important topic. Members welcomed the clarifications introduced in the 2026 Guidelines and supported further expert discussions planned for later this month.
Divisional applications and opposition practice were also discussed extensively, including filing requirements, fee-related aspects and the admission of auxiliary requests in opposition proceedings. The EPO confirmed that work on these topics is ongoing under the Convergence of Practice programme and the 2026 Quality Action Plan.
UP Guidelines
Members also discussed procedural aspects relating to the UP Guidelines, including renewal fees, compensation of translation costs and requests to change inventors’ data. The EPO confirmed that further clarifications to the UP Guidelines will be made where necessary.
Looking ahead
Feedback from the meeting will contribute to the preparation of the 2027 Guidelines. A draft version will be shared with SACEPO WP/G members ahead of the autumn meeting for final comments, and the consolidated outcomes of both biannual consultations will be published on epo.org later this year.
