Patent Task§ JOURNAL · Guide
European Patent Draft Review: Two-Part Claims and Amendment Basis
European drafting is not simply a matter of adding “characterised in that.” Claim scope, technical facts, prior art and amendment basis need review together. Form is one part of that work.
Two-part form is not appropriate in every case
EPO Guidelines 2026, F-IV 2.2 explains the use of two-part form wherever appropriate. The preamble and characterising portion should accurately reflect the relevant prior art and the combination for which protection is sought. F-IV 2.3 discusses unsuitable cases, including situations where that presentation would distort the invention or prior art.
Do not state that every European independent claim must always use the same two-part formulation. Assess the solution and references before selecting the form, and avoid an inaccurate prior-art admission simply to fit a template.
Organize five review records
| Record | Question |
|---|---|
| Technical solution | How does it actually work? |
| Prior art | Which documents and passages are verifiable? |
| Differences and effects | How do the stated features produce the effect? |
| Claim support | How does the description explain the proposed subject matter? |
| Amendment basis | Where is the proposed change supported in the original application? |
A problem/feature/effect table organizes analysis; it does not automatically decide inventive step or sufficiency. Retain the original evidence instead of allowing an AI summary to change its meaning.
Review revisions in context
When a limitation is removed, review the basis for the remaining combination. When material from embodiments is combined, check the relevant disclosure. Record the consequences of changing terminology, ranges or depicted structures across the document.
Respond to search and examination issues using the actual communication and cited material. Do not let an instruction to “improve grant probability” determine unreviewed claim narrowing.
Keep procedure and version separate
The official EPO guidelines page identifies the April 2026 edition and its entry into force on 1 April 2026 and provides a modification view. Record the version used for a rule-based decision.
Post-grant validation, unitary effect, translation and related choices need their own assessment. Selecting a jurisdiction in a drafting interface does not complete them.
The Patent Task European workspace assists draft preparation and eligible exports; EPO submission and representation are separate.
Does correct form replace European professional review?
No. Review form, technical content, scope and procedure separately. See international handover and field-specific disclosure preparation.