Updated EPO guidelines 01 April 2025
The 2025 European Patent Office (EPO) guidelines, which supersede the March 2024 version, entered into force on 01 April 2025. Having reviewed the previews of the 2025 guidelines, below we discuss three key updates.
Digital transformation
The EPO is continuing with its digital transformation and, as part of that, it is no longer possible to file by fax. In its place, the EPO is enhancing its use of MyEPO Portfolio, the EPO’s new digital tool for managing communications and correspondence with representatives.
As part of the digital transformation, the EPO is encouraging the use of MyEPO portfolio by financial incentives; for instance, if certified copies of a European patent application are requested using MyEPO, then no fee needs to be paid. Accordingly, there are various amendments throughout the guidelines to delete references to faxes and include references to MyEPO Portfolio, in particular to highlight the financial incentives of using MyEPO Portfolio.
Continuing the theme of digital transformation, the guidelines have been amended to add that it is also now possible during consultations for examiners and representative to have real-time interactions on documents.
Artificial intelligence
With the increasing interest in using artificial intelligence (AI), the EPO has amended the guidelines to remind parties and their representatives that, regardless of whether a document has been prepared with the assistance of AI, they are responsible for the content of their patent applications and submissions to the EPO and for complying with the requirements of the European Patent Convention (EPC).
Further guidance has been added regarding the patentability of AI and machine learning (ML) based inventions. These revisions to the guidelines reflect the current approach of EPO examiners assessing AI and ML based inventions.
Unitary patent
A new section has been added to the guidelines which dedicated to the unitary patent. This new section is based on the Unitary Patent Guide (which the EPO plans to abolish) and outlines the practice and procedure involved in obtaining, maintaining and managing unitary patents.
The consultation on the EPO guidelines is open for comment until 07 April 2025.
Useful links
- Preview of the EPC Guidelines (PDF): dycip.com/epc-guidelines-draft
- Preview of the PCT-EPO Guidelines (PDF): dycip.com/pct-epo-guidelines-draft
- Preview of the unitary patent guidelines (PDF): dycip.com/upc-guidelines-draft
