As explained in our earlier article, questions were referred to the Enlarged Board of Appeal last year in G1/22 and G2/22 (consolidated in the referral), to further clarify the requirements for there to be entitlement to the priority of an earlier patent application.
Two questions were asked. The first question generally asked whether the EPO should even be assessing the validity of a transfer of a priority claim from one party to another. The second was regarding what happens when applicant(s) entitled to the priority of the earlier application are not named as applicants for the European part of a subsequently filed international (PCT) application, but are named as applicants for the US part of that same PCT application. Can the subsequent European application, derived from the PCT application, be considered as having a valid priority claim?
Oral proceedings had been set by the Enlarged Board for 26 May 2023. Now, in advance of those oral proceedings, the Enlarged Board has issued a communication to provide information about points it considers likely to be addressed at those proceedings. Read more