Impacts of G1/24, G1/25 and G1/26 on claim interpretation
The recent decisions in G1/24 and G1/25, and the pending referral G1/26, relate to description amendments and interpretation of claimed subject matter in view of the description and drawings.
We have previously discussed these referrals and their impacts (Evolve Insights). As a brief recap:
- G1/24 established that the description and drawings must always be consulted when interpreting the claims.
- G1/25 established that the description must be amended when an inconsistency between the claims and description leads to non-compliance with one or more requirements of the EPC.
- G1/26 raises the question of how the description should be used to interpret the claims and what the impact will be. The Enlarged Board of Appeal has not issued an opinion on this referral yet.
What is clear from these referrals is that the disclosure within an application’s description or drawings can alter the meaning of a claimed term, and, consequently, the scope of protection conferred.
The practical impact of G1/24 and G1/25 is already being felt. In recent decision T 0977/25, the Technical Board of Appeal applied both decisions in interpreting the claims.
An altered claim scope can have substantial consequences for the patentability of an application or the validity of a granted patent. The addition, removal or alteration of a definition that is interpreted as broadening the claims could introduce added matter or, post-grant, invalidate the patent. Equally, amendments that unintentionally narrow how a claim is construed may affect whether your product, or a competitor’s, falls within the scope of the claims.
We have designed Albert – Construe specifically to identify such issues.
What is Albert – Construe and how does it work?
Albert – Construe is a proprietary AI tool that we have developed at Evolve. It is built upon a curated knowledge bank of EPO case law decisions and the expertise of our own patent attorneys. The tool conducts an in-depth analysis of the claim language in the context of the specification as a whole, quickly identifies clarity issues and efficiently flags potentially problematic inconsistencies for further attorney review, including flagging risks associated with adaptation of the description. At Evolve, our existing integrated and adaptable AI systems allow us to immediately incorporate Albert – Construe as part of our day-to-day prosecution and opposition workflows, providing us with an additional and efficient patent validity check.
Albert – Construe is particularly useful for reviewing proposed description amendments and flagging any risk that the amendments could change the scope of a claim term.
How we use Albert – Construe at Evolve
We use Albert – Construe to assist us in drafting and prosecuting patent applications, and opposing patents, efficiently. Crucially, our attorneys make the final decision on how to define or interpret a claimed term and whether or not to make amendments to the description. Albert – Construe helps us to be fully informed when making that decision.
As patent attorneys, we understand the utmost importance of confidentiality and protecting client data (Evolve Insights). This means no storing of client data, no training on inputs and enterprise-grade security. Our AI systems are built directly using foundational LLMs from Google and Anthropic and not with any third-party software providers or SaaS companies (Evolve Insights). This gives us the flexibility to adapt our AI systems to changes in patent law, the science and the capabilities of the underlying LLMs.
A complete AI ecosystem for pharma IP
Albert – Construe is the latest addition to Albert, our suite of AI agents for patent validity analysis, and to Evolve’s wider portfolio of bespoke AI agents built specifically for pharmaceutical and biotech IP. Our clients benefit from the full ecosystem:
- Albert: Validity analysis across the full spectrum of attack, including priority entitlement, added matter, novelty, inventive step and sufficiency. Albert – Construe now adds claim interpretation to that toolkit.
- Popper: Global patent prosecution, from office action rebuttal to claim amendment.
- Darwin: Patent drafting for pharmaceutical and biotech inventions.
- Gilbert: Quality enhancement checks for draft applications and office action responses.
- Cassandra: Contract review and due diligence for pharma and biotech licensing agreements.
- Franklin: Publication and invention disclosure review, identifying inventions before they are disclosed and flagging confidential material and trade secrets.
- Ammonites: Our proprietary patent portfolio visualisations, used for competitive landscaping and communicating IP strategy.
Working with Evolve
If you would like to hear more about how we are using proprietary AI tools to assist in our work, or how Evolve can help you with your IP, please reach out to one of our attorneys.
The Experts
Alice Walford, CPA, EPA
Alice has experience in all aspects of the patent process including drafting, prosecution, and management of global patent portfolios. She also has extensive experience in conducting freedom-to-operate assessments, identifying and mitigating IP risks, and advising on IP due diligence matters. Drawing on her extensive experience within small and large pharmaceutical and biotechnology companies, Alice aligns IP strategy with research, development, and commercial objectives to provide commercially-focused advice to support the development and protection of innovative technologies.
Daniel Mulryan Mchem, PhD, EPA
Dan is a European patent attorney with substantial experience in drafting, prosecuting and coordinating pharmaceutical patent applications. Prior to joining Evolve, Dan trained and qualified as a European patent attorney at a London firm, where he worked with a range of small and medium-sized pharmaceutical companies. With a PhD from Imperial College London and a background in polymer and industrial chemistry, Dan is equally at home with drug delivery technologies such as solid and in-situ forming implants, microparticle and nanoparticle delivery vehicles, as well as the associated formulation and manufacturing technologies
