AIPLA Files Amicus Curiae Brief Re Case G 1/25 (Adaptation of the Description)

Arlington, VA. January 28, 2026 – The American Intellectual Property Law Association (AIPLA) filed amicus curiae observations in response to the invitation of the European Patent Office (EPO) Enlarged Board of Appeal in Case G 1/25, which addresses whether and to what extent a patent description must be adapted when claims are amended during opposition or opposition-appeal proceedings.

AIPLA argues that while Article 84 EPC requires that claims be supported by the description, the European Patent Convention provides no statutory basis for requiring systematic adaptation of the description following claim amendments. AIPLA further explains that mandatory adaptation creates significant risks, including the potential introduction of new matter in violation of Articles 123(2) and 123(3) EPC.

The brief also emphasizes that the description serves as an interpretive reference for the claims, as affirmed in G 1/24. Requiring adaptation at multiple procedural stages—examination, opposition, and appeal—would create a “shifting interpretive reference,” undermining the stable technical context needed by national courts and the Unified Patent Court (UPC) to determine the extent of protection under Article 69 EPC.

AIPLA therefore advocates for maintaining the description as filed as the interpretive framework for amended claims, without requiring substantive adaptation. AIPLA submits that this approach strengthens legal certainty, reduces administrative complexity, and promotes consistent patent interpretation across EPC jurisdictions.