CLR II D Priority

1.
Introduction
2.
Applications giving rise to a right of priority
2.1.
Application filed in or for a state which is party to the Paris Convention or a member of the WTO
2.2.
Right of priority of the applicant or his successor in title
2.2.1
General
2.2.2
Applicable law – proof of transfer
2.3.
National deposit of industrial design
2.4.
Exhibition priority
2.5.
Postdating of the previous application
2.6.
Multiple exercise of the right of priority for one contracting state
3.
Identity of invention
3.1.
Disclosure in the previous application of the invention claimed in the subsequent application
3.1.1
G 2/98 – interpretation of "the same invention"
3.1.2
G 2/98 and the concept of disclosure – interpretation in the same way as for Art. 123(2) EPC
3.1.3
Disclosure in the previous application as a whole
3.1.4
Reference to common general knowledge
3.1.5
Explicit or implicit disclosure of the features of the invention in the priority document
a)
Example cases – features of the invention all disclosed in the priority document
b)
Example cases – features of the invention not all disclosed in the priority document
3.1.6
Enabling disclosure in the priority document
3.1.7
Error margins and definitions of limits
3.1.8
Selection from generic disclosure
3.1.9
Inventions relating to nucleotide and amino acid sequences
3.2.
Claiming in the subsequent application the invention disclosed in the previous application
4.
First application in respect of the invention
4.1.
Identity of invention
4.2.
Identity of applicant
5.
Partial and multiple priorities
5.1.
Publications during the priority interval – effect on elements of the European patent application not entitled to priority
5.2.
Different priorities for different parts of a European patent application
5.3.
Multiple priorities or partial priority for one claim
5.3.1
Development of the case law after G 2/98 in respect of generically formulated "OR" claims
5.3.2
Referral case G 1/15 ("Partial priority")
5.3.3
Application of G 1/15 in the jurisprudence of the boards
 

Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_d.htm

Date retrieved: 17 May 2021

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Case Law Book

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