In Europe, patent claims no longer stand alone. Even when claims look clear, examiners must now read them in light of the description. That’s the effect of G 1/24, a recent decision from the Enlarged Board of Appeal of the European Patent Office (EPO).
It confirms that the description and drawings must always be consulted when interpreting claims, clarifying a long-standing divide in European case law. Even when claims appear unambiguous, the specification must be considered.
G1/24 stops short of saying that definitions in the description always control. But it confirms that context cannot be ignored. For U.S. patent attorneys drafting US priority applications, this ruling is essential to understand and act on.
If you suspect a U.S. application will be extended to Europe, the best time to adjust is during drafting. Align your terminology across claims and description. Avoid overly narrow or artificial definitions that could limit you later. And make sure the key terms in your claims are clearly and consistently supported in the spec. You can also use the description to reinforce how you want the claims to be understood.
Just a short check-in with your European counterpart can make all the difference. It’s the kind of foresight that saves time, protects scope, and prevents disputes down the line.
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