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Notice from the European Patent Office dated 4 August 2025 concerning the continuation of proceedings in view of referral G 1/25

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Although, the text which will eventually be published in the OJ might be different from the advance version, the latter gives a clear indication:

To ensure proper functioning of the EPO and for legal certainty, the President of the EPO has decided that proceedings before the examining and opposition divisions should continue.

This notice applies with immediate effect.

Comment

This decision does not come as a surprise, as the adaptation the description before grant or after maintenance is a problem occurring in the vast majority of cases dealt with by divisions of first instance.

A decision to stay the proceedings, waiting for the outcome of the referral on the adaptation of the description, would have held up all grant proceedings, and would have meant heavy financial losses for the EPO and the member states.

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