A.139 EPC Prior rights and rights arising on the same date

(1)
In any designated Contracting State a European patent application and a European patent shall have with regard to a national patent application and a national patent the same prior right effect as a national patent application and a national patent. 
(2)
A national patent application and a national patent in a Contracting State shall have with regard to a European patent designating that Contracting State the same prior right effect as if the European patent were a national patent. 
(3)
Any Contracting State may prescribe whether and on what terms an invention disclosed in both a European patent application or patent and a national application or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents. 
 
[ Art. 138 140 R. 138 ]
[ 169 ]
See decisions of the Enlarged Board of Appeal G 1/03, G 2/03 (Annex I).

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar139.html

Date retrieved: 17 May 2021

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EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - B Search

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

EPO Guidelines - H Amendments and Corrections

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law of the Enlarged Board