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Case Law Clarity

G 1/25: the description must be adapted only where an inconsistency leads to non-compliance with the EPC

In G 1/25 (Enlarged Board of Appeal, 3 September 2026), the Enlarged Board of Appeal of the European Patent Office (EPO) decided whether, and on what legal basis, the description must be adapted when the claims are amended. The decision resolves a long-standing divergence in the case law of the Boards of Appeal and builds directly on G 1/24. The Enlarged Board chose a middle course: adaptation is required only where an inconsistency between the amended claims and the description leads to non-compliance with a requirement of the EPC.

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UPC clarifies lack of entitlement as a ground for revocation under Article 138(1)(e) EPC 

In UPC_CFI_523/2025, Wittenstein SE v Vestas Wind Systems A/S, the Court of First Instance, Central Division (Section Munich), decided on 2 September 2026 how lack of entitlement may operate as a ground for revocation under Article 138(1)(e) EPC. The Court held that it is not sufficient for a claimant to establish rights to only part of the patented subject-matter: revocation on this ground requires proof that the registered proprietor has no rights to the patent.

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