Category: Latest IP news

📌 Part 6: Sequence Listings of International Applications  

What changed:  

The Guidelines include new sections clarifying the requirements for incorporating a sequence listing to international applications disclosing one or more nucleotide and/or amino acid sequences, the WIPO standard to comply with, and the calculation of page fee where a sequence listing is included. 

🔗 Ref: GL A‑IV, 3 

For applications filed on or after 1 July 2022 which contain a sequence listing, the EPO as receiving Office not only accepts sequence listings with language-dependent free text in English or in the same language as used in the international application (French or German), but also permits language-dependent free text to be filed in both English and any other language within a single sequence listing. 

🔗 Ref: GL A-VII, 1.2.4 

Among other reasons (e.g. lack of unity of invention), a missing sequence listing may also result in the EPO as ISA to not be able to issue the International Search Report and Written Opinion, or the claimed subject matter may only be covered in part. 

🔗 Ref: GL B‑VIII, 1 

Where applicable, the EPO as SISA will only start the supplementary international search after receiving a copy of the compliant sequence listing. If not received, the EPO will invite the applicant to furnish the sequence listing and to pay a late furnishing fee. 

🔗 Ref: GL B‑XII, 2 

💡 Why it matters:  

While being mostly clarifying updates, the new and updated sections offer an improved overview of the format and procedural requirements of the sequence listings of international applications. 

✅ What to watch out for or do differently:  

✔ Make sure to timely furnish sequence listings to international applications disclosing one or more nucleotide and/or amino acid sequences, as well as to comply with the format requirements as now specified in the Guidelines. 

📌 Part 5: The EPO Contingency Upload Service 

What changed:  

• The Guidelines now reflect the possibility to use The EPO Contingency Upload Service as a backup method for filing debit orders, in situations where the standard payment methods are unavailable or inaccessible. The Contingency Upload Service may exceptionally be used if certain conditions are met: 

• the payment period expires on the day of the debit order’s submission; 

• the deposit account contains sufficient funds for the debit to be carried out; and 

• evidence is provided that the payee is affected by such unavailability, outage or system malfunction, irrespective of its cause. 

🔗 Ref: GL A‑III, 3 / GL A-X, 4.2.3 

💡 Why it matters:  

The EPO Contingency Upload Service offers a new backup method for payment, allowing timely payment of fees in exceptional circumstances so that important time limits (procedural acts, patent renewals, etc.) may be met. 

✅ What to watch out for or do differently:  
✔ With exceptional and surprising circumstances in mind, be aware of the options provided by the EPO Contingency Upload Service (also in relation to submitting documents to the EPO). 

📌 Part 3: Opposition Procedures and Correction of Errors 

What changed: 

• The EPO has introduced provisions to expedite opposition proceedings, particularly when parallel litigation is pending before the Unified Patent Court (UPC) or national courts. Upon a justified request, the EPO may reduce time limits, issue summonses more promptly, and schedule oral proceedings at an earlier date. 
  🔗 Ref: GL E‑VIII, 5  

• The Guidelines now provide clearer instructions on correction of linguistic errors, errors of transcription and mistakes in any document filed with the EPO. Corrections are allowable if it is immediately evident that an error has occurred and what the correction should be, and if filed promptly, aligning with decision G 1/12. 
  🔗 Ref: GL H‑VI, 2.2 

💡 Why it matters: 
These updates aim to enhance clarity in opposition proceedings as well as in the process of correcting the errors. Accelerated opposition processing can lead to quicker resolutions, while the clarified correction procedures ensure that errors are addressed promptly and appropriately. 

✅ What to watch out for or do differently: 
✔ If the applicant is involved in parallel litigation, consider requesting accelerated opposition proceedings to align timelines.  

✔ Ensure that any corrections to application documents are made promptly and meet the clarified criteria to avoid admissibility objections. 

📌 First up: Filing, Signatures & Authorisations – What’s New in 2025? 

What changed: 

• Traditional channels like fax and web-forms are being discontinued in line with the EPO’s digital transformation. Applicants are encouraged to use MyEPO Portfolio and Online Filing 2.0 for secure, digital filings and communications with the EPO. This change has been addressed in many relevant parts of the Guidelines 2025. 

• Authorisations may bear handwritten, facsimile, or text-string signatures, or digital signatures under the conditions specified by the EPO. Where a digital signature is used, the authorisation must be filed electronically. 
  🔗 Ref: AVIII, 1.6 

• An enhanced electronic signature is an electronic signature applied using two-factor authentication and accepted by the EPO. 
  🔗 Ref: AVIII, 3.3 

💡 Why it matters: 
These changes modernize procedural tools but raise the technical expectations—especially around the correct use of digital signatures. Using outdated methods like fax, or submitting a digitally signed authorisation via post, can now lead to rejections. 

✅ What to watch out for or do differently: 
✔ Migrate to MyEPO Portfolio for electronic interactions during your proceedings. 
✔ Make sure digitally signed authorisations are filed electronically, not on paper. 
✔ Ensure your digital signature tool meets the EPO’s two-factor (enhanced) criteria.