The Guidelines have been adopted, effective as at 1 June 1978, by the President of the EPO in accordance with Article 10(2)(a) EPC.
[5] According to several decisions of the Boards of Appeal of the EPO, the Guidelines are only general instructions intended to cover normal occurrences.
An Examining Division[notes 2], for example, can depart from them provided it acts in accordance with the European Patent Convention (EPC).
[6][7] Nevertheless, the users of the European patent system may reasonably expect, in accordance with the established "principle of the protection of legitimate expectations" (also referred to as "principle of good faith"), that the Guidelines will be followed by the departments of first instance of the EPO.
[9] This is "an important factor in the judicial independence of the boards of appeal" (Article 23(3) EPC).