In 2025, the European Patent Office (EPO), the authoritative institution responsible for
patent granting and supervision in Europe, issued two landmark rulings — G 1/23 and
G 1/24 — which have profoundly reshaped the practice of patent application, examination
and protection across the European region. These two rulings, released in June and July
respectively, aim to standardize patent application norms, enhance the stability and authority
of patent rights, and have sent important signals to global innovators and enterprises
seekingpatent protection in the European market.
Released in July 2025, Ruling G 1/23 has made a clear and strict definition of prior art in patent
applications. The EPO explicitly held that any product publicly sold before the patent filing date,
regardless of whether its internal structure, core principle or technical details can be fully
reproduced or analyzed through conventional means, shall be deemed as prior art. This ruling
effectively eliminates a long-standing loophole in the industry — some applicants used to
avoid prior art barriers by selling products without disclosing their internal technologies, and
this practice is no longer feasible after the implementation of the new ruling. For enterprises,
this means that the threshold for patent application has been raised, and comprehensive prior
art search before filing has become more critical than ever.
Earlier, in June 2025, Ruling G 1/24 put forward stricter requirements for patent claim drafting
and interpretation. The EPO ruled that in the process of patent examination and dispute
settlement, the interpretation of patent claims must always combine the description and drawings
of the patent application, rather than being limited to the claims themselves. This adjustment
tightens the alignment between patent claims and technical disclosure, requires applicants to draft
claims more rigorously, ensures that the scope of protection claimed is consistent with the
disclosed technical content, and avoids the situation where overly broad claims are approved
without sufficient
technical support.
Critical takeaways from the two rulings are clear: first, public sales of products will be regarded as
prior art, regardless of whether their internal technologies are analyzable; second, patent claims
cannot be read in isolation, and full and accurate technical disclosure is mandatory; third,
non-compliance with the two rulings will directly increase the risk of patent invalidation or the
scope of protection being narrowed, bringing huge economic losses to enterprises. For
enterprises and innovators planning to apply for European patents, understanding and
complying with these two rulings is the premise of successfully obtaining patent protection
and avoiding unnecessary losses.
We are committed to helping global innovators and enterprises navigate the changes brought by
EPO’s new rulings. Our professional team has in-depth insights into Rulings G 1/23 and G 1/24
and rich practical experience in European patent applications, providing one-stop services
including comprehensive prior art searches, standardized patent claim drafting, and whole-process
patent prosecution management across European jurisdictions. Partner with us to effectively avoid
risks,secure robust patent protection in the European market, and steer clear of costly pitfalls.
● Patent business：https://www.ipcrossark.com/en/patent.html?cid=16
● Official EPO Website:https://www.epo.org/
