G for Guidelines

G for Guidelines – are general instructions for examiners working at the EPO, as well as for Applicants and other parties to proceedings (e.g. opposers of granted European patents). The Guidelines were adopted on 1 June 1978 by the then President of the EPO. As of June 2012, the Guidelines consist of eight main parts dealing respectively with Formal Examination (Part A), Search (Part B), Procedural Aspects of Substantive Examination (Part C), Opposition and Restriction/Validity Procedures (Part D), General Procedural Issues (Part E), European Patent Application (Part F), Patentability (Part G) and Amendments (Part H). The EPO Guidelines are updated periodically and the latest revised edition was published in early March 2021. The Guidelines are only general instructions and, for example, the Examination Division may waive their application provided that it acts in accordance with the European Patent Convention (EPC). According to established case law, the Guidelines are not binding on the Boards of Appeal, which is an important factor for the independence of the Boards. As a matter of interest, it is worth mentioning that knowledge of the EPO Guidelines is critical to master (right next to knowledge of the European Patent Convention and the Implementing Rules) in order to successfully pass the qualification examination for European patent attorney.