Friday, December 8 2023   \  Published by Lavoix.

Formal entitlement to priority : decision issued by Enlarged Board of Appeal of the EPO

Formal entitlement to priority : decision issued by Enlarged Board of Appeal of the EPO

The Enlarged Board of Appeal issued a decision on the consolidated referrals G 1/22 and G 2/22, ruling that the EPO is competent to assess entitlement to priority and that the “PCT joint applicants” approach is valid.

The first question referred to the Enlarged Board of Appeal concerned whether the EPC confers jurisdiction on the EPO to determine whether a party validly claims to be a successor in title.

The Enlarged Board of Appeal answered the question in the affirmative and further held that there is a rebuttable presumption under the autonomous law of the EPC that the applicant claiming priority is entitled to do so.

Since the first question was answered positively, the Enlarged Board of Appeal also decided on the follow-up question. The second question concerned whether a co-applicant of a PCT application for states other than US, who is different from the inventors named as applicants for the US only in a US priority application, may validly claim the priority right in the European phase.

The Enlarged Board of Appeal also affirmed the second question and held that the rebuttable presumption also applies in situations like the above “PCT joint applicants” approach, where the European patent application derives from a PCT application and the priority applicants are not identical with the subsequent applicants. Read more

Ready to Get Started?

Contact Sales