G 1/25 Decision: How Description Amendments Shape Future Patent Litigation in Europe

WISECODE Take

Many assume patent scope is the only battlefield. However, the EPO Enlarged Board of Appeal's G 1/25 decision on September 3, 2026, regulates the duty to adapt the description. Like a sports official record, a single word can alter a referee's ruling on a foul. Originating from T 697/22, the decision establishes Article 84 EPC as the basis for mandatory description adaptation. Amendments forced during examination directly impact future litigation at the Unified Patent Court (UPC). This elevates description adaptation from a procedural chore to a key factor in patent strength. If your products are not sold in Europe, this has no impact on you. For those entering Europe, our "Patent Portfolio Health Check" helps integrate descriptions with litigation strategies early on to avoid pressured compromises. We recommend two actions. First, keep embodiments concise when drafting to prevent deletions from being construed as waiving rights. Second, evaluate if requested description changes in oppositions weaken enforcement power; do not compromise just to settle. In European patent disputes, any text left in the description may be used against you by your opponents.