SONN Patentanwälte – IP Attorneys

EPO Board of Appeal: No interpretative somersaults in case of contradiction with the description

Even when applying the recent EBA decision G 1/24, a patent claim should not be interpreted more narrowly on the basis of features from embodiments than the person skilled in the art would understand it in view of its pure wording. In the event of a contradiction between the claim wording and the description, it is incumbent upon the patent proprietor to remedy this by way of a claim amendment. It is not the task of the Boards of Appeal to mentally perform such an alignment by means of "interpretative somersaults" (EPO BoA 30.06.2025, T 2027/23, Turnable ladder/IVECO).