The Boards of Appeal have published the 2026 revision of the 11th edition of the “Case Law of the Boards of Appeal of the EPO”, commonly known as the Case Law Book or Book of Case Law. The main changes in this revision result from decision G 1/24 of the Enlarged Board of Appeal. Accordingly, the update reflects the first recent Board of Appeal decisions applying G 1/24 in practice.
Claim interpretation as the central update
The most relevant changes concern section II.A.6 and its subsections dealing with the interpretation of claims. As a reminder, in G 1/24, the Enlarged Board confirmed that the claims are the starting point and the basis for assessing patentability under Articles 52 to 57 EPC. At the same time, the description and drawings must always be consulted when interpreting the claims for that purpose, not only where a claim appears unclear or ambiguous in isolation.
The revised section II.A.6.2 now deals specifically with the consultation of the description and drawings when interpreting the claims. It is structured into section II.A.6.2.1 on G 1/24, section II.A.6.2.2 on recent case law following G 1/24, and section II.A.6.2.3 on case law prior to G 1/24.
Recent case law following G 1/24
A newly added section II.A.6.2.2b addresses the consultation of the description and drawings when assessing clarity. The revision refers, among others, to T 1351/23, where the Board consulted the description but did not allow limitations from a preferred embodiment to alter the clear meaning of the claim. It also refers to T 1775/23 and T 1561/23, which indicate that consulting the description does not mean that every meaning implied by the description must necessarily be adopted. The assessment remains dependent on the circumstances of the individual case.
Description amendments and pending referral G 1/25
Section II.A.5.3 has also been updated. This section concerns bringing the description into line with amended claims and now refers to T 697/22, which is pending before the Enlarged Board of Appeal as G 1/25.
Added subject-matter under Article 123(2) EPC
The revision also updates several sections of Part II relating to Article 123(2) EPC and added subject-matter. One example is section II.E.1.2.1, which now refers to T 1424/23. That decision deals with the point that, for the assessment of added subject-matter before the EPO, the relevant disclosure is the application as originally filed, including the original PCT application where applicable, and not a later claim set filed on entry into the European phase.
Practical relevance
Overall, the 2026 revision is particularly relevant for practitioners because it records the first impact of G 1/24 on the Case Law Book and on subsequent Board of Appeal case law. It confirms the increased practical importance of the description and drawings for claim interpretation, while leaving the claims as the starting point and basis for assessing patentability.
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Author: Dr. Michael Schmid