Previewing the 2025 EPO Guidelines
The European Patent Office (EPO) has released updated Guidelines for Examination previews. This comprehensive update, scheduled to take effect on April 1, 2025, significantly renovates the examination process and introduces new digital tools to streamline patent procedures. The changes reflect the EPO’s commitment to modernizing its practices and adapting to the evolving innovation and technology landscape.
At the heart of this update are three distinct sets of guidelines, each tailored to address specific aspects of the patent examination process.
The first set of updates, known as the EPC Guidelines, focuses on examining European patent applications. These guidelines have undergone substantial revisions, including updated language and terminology to enhance clarity and consistency. Notably, Parts F and G of the EPC Guidelines have been simplified, making them more accessible to patent professionals and applicants.
The second set of updates, the PCT-EPO Guidelines, consolidates previously scattered information about Euro-PCT applications and reflects the latest developments in international patent law and practice. They provide detailed instructions for handling PCT applications at the EPO, ensuring that the office’s role as a PCT authority is carried out efficiently and in line with international standards.
The third and perhaps most groundbreaking addition is the UP Guidelines. For the first time, the EPO introduces a separate set of guidelines for the unitary patent. This new set of guidelines is a response to the long-anticipated Unitary Patent system, offering clear direction on how these patents will be examined and granted at the EPO. The introduction of the UP Guidelines demonstrates the EPO’s readiness to embrace this new form of patent protection across participating European Union member states.
One of the most significant aspects of the 2025 Guidelines is their approach to examining artificial intelligence (AI) related inventions. The guidelines now clarify what qualifies as a technical contribution, ensuring assessing AI-related patents consistently. G-II,3.3 provides that if a claim of an invention related to artificial intelligence or machine learning is directed to either a method or an apparatus involving the use of technical means (e.g. a computer), the subject matter as a whole has a technical character and is therefore not excluded from patentability under Article 52(2) or (3) EPC. In such cases, the computational models and algorithms themselves contribute to the technical character of the invention if, for example, they are applied in a technical field and/or adapted to a specific technical implementation, thereby contributing to a technical solution to a technical problem.
The enhanced MyEPO Portfolio, the EPO's new digital tool for managing communications and correspondence with professional representatives, complements these new guidelines.
MyEPO introduces improvements to document management, including shared editing capabilities that facilitate collaboration between applicants and their representatives in a shared space functionality (detailed in C-VII-2.6, referencing OJ EPO 2023, A59). The ‘shared-area’ allows applicants and examiners to jointly edit documents during consultations and upload and modify documents before and during consultations. Furthermore, the MyEPO platform streamlines fee handling and refunds, automating many processes that were previously time-consuming and prone to errors. These enhancements are designed to improve the overall efficiency of the patent application and examination process, reducing administrative burdens for both applicants and EPO staff.
The 2025 EPO Guidelines represent a significant step forward in the organization’s digital transformation strategy. By combining traditional legal frameworks with modern technological capabilities, the EPO aims to maintain its rigorous standards for patent examination while adapting to the rapidly evolving landscape of innovation. As the implementation date approaches, the patent community will have the opportunity to provide feedback on the preview versions, ensuring that the final guidelines meet the needs of all stakeholders in the European patent system.
If you have any questions regarding the Guidelines, please do not hesitate to contact us at info@dcp-ip.com.
