AIPLA Files Amicus Brief to the Enlarged Board of Appeal of the European Patent Office

Arlington, VA. November 14, 2024 – The American Intellectual Property Law Association (AIPLA) filed an amicus brief to the Enlarged Board of Appeal of the European Patent Office (EPO), offering its perspective on referral G1/24 about claim interpretation.

In its brief, AIPLA supports the use of consistent criteria for claim interpretation in assessing patentability and infringement of an invention under A69 (1) EPC and Article 1 of its Protocol. Accordingly, AIPLA supports the position that when interpreting the claims to assess patentability, the description and figures should always be consulted. In particular, a claim term definition, which is explicitly given in the description, should never be disregarded.

AIPLA believes that this approach will enhance harmonization between EPO proceedings and those in national courts and the Unified Patent Court (UPC). This will provide clearer guidance for the U.S. and other non-European stakeholders to protect their intellectual property in Europe, and enhance legal certainty with respect to patent enforcement. AIPLA emphasizes that this approach will not only resolve inconsistencies within the case law of the Boards of Appeal, but also establish a strong foundation for a robust innovation ecosystem in Europe benefiting all stakeholders.