BIA submits amicus curiae to the EBA on description amendments

BIA members are highly research-intensive and operate in a global innovation ecosystem.  Effective, predictable and proportionate patent protection is therefore critical to supporting  continued investment in research and development, technology transfer and commercialisation. BIA have therefore responded to referral G1/25 to the Enlarged Board of Appeal (EBA), which raises an issue of substantial practical importance for BIA members, namely whether the European Patent Convention (EPC) requires mandatory adaptation of the  description to align with allowed or granted claims. The outcome will directly affect the cost, risk  profile and legal certainty of European patent protection for life sciences innovators.

In our submission, prepared by our IP Advisory Committee (IPAC), we assert that mandatory description adaptation is not supported by the text or structure of the EPC and, more importantly from the perspective of BIA members, imposes significant and unjustified costs and introduces unnecessary risks. Mandatory adaptation of the descripition would disproportionately and unfairly impact the life sciences sector, which operates globally and is  characterised by exceptional technical and legal complexity. However, BIA is not opposed to amendments to the description per se. Voluntary  description amendments may be appropriate in specific cases.

BIA's IPAC leads the BIA’s IP policy development, helps shape the environment for IP ownership, and ensures strong IP protection is available for member companies.