https://www.epo.org/en/news-events/news/users-consulted-developments-epos-legal-framework

​​Users consulted on developments in the EPO’s legal framework

​​At the 32nd meeting of SACEPO Working Party on Rules (WPR), user representatives exchanged with the EPO on a variety of legal topics relating to the European patent granting process.​ 

On 24 October, the SACEPO Working Party on Rules convened for the second time this year. Members discussed a series of proposals to improve the legal framework of the European patent granting process (PGP), as summarised below.  

Second basket of legal changes to support the digitalisation and simplification of the PGP 

Paving the way for further milestones on the EPO’s digital transformation journey, discussions took place on the second basket of legal changes, which includes measures to support the digitalisation and simplification of the patent granting process, such as reforming the requirements for the authorisation of professional representatives. Users also discussed proposals to enable DOCX and colour filing, as well as the establishment of electronic filing as a standard practice.  

Quality of submissions and the use of AI 

It was clarified that it is the responsibility of the applicant to ensure the good quality of the patent application, including where use is made of AI-supported drafting tools. Some users shared practical experiences and views on submissions to the EPO created by AI, a trend that is strongly impacting the development of the patent granting process.  

Convergence of practice programme  

SACEPO members were also updated on the good progress made in the convergence of practice programme. Jointly conducted by the EPO and national IP offices, the programme contributes to global harmonisation in a worldwide framework.  

Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge 

Further, the EPO presented a report on the outcome of the Diplomatic Conference, which convened last May to adopt the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Members shared practical experiences on the disclosure requirement in national proceedings.  

Gender-neutral language in the legal framework of the European Patent Convention (EPC) 

Finally, efforts to complete the introduction of gender-neutral language into the EPC legal framework were pursued with user representatives. Having at first glance a less strictly legal nature, this exercise is equally important for a modern 21st-century patent system and was welcomed by SACEPO members.  

About SACEPO Working Party on Rules   

Meeting twice every year, the SACEPO WP/R provides a platform for regular exchanges between user representatives and EPO management to ensure that users have a say on developments of the EPO’s legal framework and can contribute to improving the European patent granting process. 

In addition to SACEPO meetings, the EPO gathers feedback via multiple channels. These include independent user satisfaction surveys, online public consultations, the Ombuds office and regular meetings with key applicants. This valuable input enables the EPO to continually enhance its products and services and develop initiatives that address evolving applicant needs.