The European Patent Office (EPO) has announced an update to its Guidelines for Examination, with the revised version set to enter into force on 1 April 2026. As always, the Guidelines are a key reference point for applicants, representatives and examiners alike, as they shape day-to-day practice in examination and opposition proceedings.
According to the EPO’s advance notice, clarifications and updates have been incorporated throughout the Guidelines. A notable structural change concerns Part A, where new chapters XII to XV provide detailed guidance on entering the European phase. These chapters replace the former chapter E-IX on the Euro-PCT procedure. The new content is expanded by integrating guidance previously contained in the Euro-PCT Guide. At the same time, the Euro-PCT Guide has been discontinued, along with the European Patent Guide and the Unitary Patent Guide.
How will the Guidelines consider decisions G 1/23 and G 1/24?
Substantively, Parts B, F and G have been updated to reflect the Enlarged Board of Appeal decisions G 1/23 and G 1/24. These decisions are expected to play a significant role in examination and opposition practice, and it will be particularly interesting to see how their reasoning has been translated into practical instructions within the Guidelines.
Further updates include revisions in Parts A, C and H addressing the handling of colour drawings. Part F introduces a new chapter on the sufficiency of disclosure for further medical use claims, while Part H clarifies that Rule 80 EPC is a non-discretionary provision.
In addition, Parts D, E and G have been amended to emphasise the free evaluation of evidence and to reflect the discontinuation of the former binary approach to the standard of proof (“up-to-the-hilt” versus “balance of probabilities”). The updated Guidelines underline that the deciding body must be convinced that an alleged fact has occurred, taking into account the circumstances of the case and the evidence submitted.
A preview version of the 2026 edition is expected to be published shortly. We will review the draft once available and provide our assessment of the practical impact of the most relevant changes.
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Author: Dr. Michael Schmid