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Roundtable: Europe - The Impact of G1/25 and G1/26 on Patent Prosecution and Litigation Practice
The EPO Enlarged Board of Appeal referrals G1/25 and G1/26 respectively address whether applicants must amend the description to fully align with narrowed claims during prosecution, and the extent to which patent descriptions and drawings should be used when interpreting claims. This roundtable examines how these referrals may influence claim construction before the UPC and national courts, alongside their implications for EPO prosecution practice and the continuing debate surrounding file wrapper estoppel.