Friday, March 1 2024   \  Published by IP Kat .

Highlights from the new EPO Guidelines for Examination 2024

Highlights from the new EPO Guidelines for Examination 2024

The updated EPO Guidelines for Examination will enter into force on 1 March 2024. A draft version of the Guidelines can be previewed here. The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). There are also updates on the sufficiency requirements for AI inventions, ways to define antibodies and acceleration of opposition proceedings in cases pending before the UPC. Is the Broad CRISPR appeal coming back from the dead?

Entitlement to priority (A-III-6.1)

Following G 1/22 (and G 2/22), A-III-6.1 has been updated to state "absent any substantiated indication to the contrary, there is a strong rebuttable presumption under the EPC that an applicant or joint applicants claiming priority in accordance with Art. 88(1) and Rule 52 are also entitled to the claimed priority. The burden of proof is shifted, and the examining division, opponent or third party challenging an applicant’s entitlement to priority has to prove that this entitlement is missing. Especially where an international application under the PCT is filed by joint applicants, including the priority applicant, but without naming the priority applicant as applicant for the European designation, the mere fact of the joint filing implies an agreement between the applicants allowing all of them to rely on the priority right, unless substantial facts indicate otherwise (see G 1/22 and G 2/22)". Read more

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