Tuesday, February 27 2024   \  Published by Veneer Shipley .

Update to the EPO Guidelines for Examination 2024

Update to the EPO Guidelines for Examination 2024

The annual updated version of the Guidelines for Examination is due to come into force on 1 March 2024. The updates are intended to reflect recent changes to the EPO’s practice and some of the more significant changes are set out below.

General practice

Entitlement to Claim Priority

In response to the decisions handed down under G1/22 and G2/22, the Guidelines have been updated to clarify practice with respect to the transfer of a priority right. The updates highlight that the transfer of the priority right is distinct from the possible transfer of the priority application and must be assessed under the EPC, regardless of any national laws. In this assessment, the Guidelines make clear that the burden of proof that entitlement is missing lies with the party challenging an applicant’s entitlement to priority. In the absence any substantiated indication to the contrary, there is a strong presumption under the EPC that an applicant or joint applicants claiming priority are entitled to the claimed priority (AIII, 6.1). Read more

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