G 1/24 - The description always to be consulted for claim interpretation

Case Law | 18.06.2025

In a landmark ruling on June 18, 2025, the Enlarged Board of Appeal of the European Patent Office issued its decision in referral G 1/24, settling a long-standing debate over how patent claims should be interpreted during the assessment of patentability. 

The Board declared:

"The claims are the starting point and the basis for assessing the patentability [...]. The description and drawings shall always be consulted to interpret the claims when assessing the patentability [...], and not only if the person skilled in the art finds a claim to be unclear or ambiguous when read in isolation."

This confirms that the description and drawings must always be taken into account when interpreting claims, even if the claim language appears clear on its face.

For a more detailed overview, please read the case review by our attorneys Adam Lacy and Thorsten Bausch at Kluwer Patent Blog.

retour