GL F VI 2.4.4 A situation in which it has to be checked whether the application from which priority is actually claimed is the "first application" within the meaning of Art. 87(1)

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P1 is the earliest application of the same applicant containing the invention. EP claims the priority of the later US application P2, which is a "continuation-in-part" of P1. D is a public disclosure of A+B.

1.7.89

1.1.90

1.6.90

1.12.90

Filing

Publication

Filing

P2 (cip)

A + B

claim 1: A + B

A + B + C

claim 2: A + B + C

The priority claim of P2 for claim 1 is not valid as P2 is not the "first application" for this subject-matter within the meaning of Art. 87(1), but P1 is, which has "left rights outstanding" in that P2 is a "continuation-in-part" thereof. Therefore Art. 87(4) does not apply and this is not altered by an abandonment, withdrawal, refusal or non-publication of P1. D is prior art pursuant to Art. 54(2) against claim 1, but not against claim 2, as the latter claim has the earlier priority of P2.

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/f_vi_2_4_4.htm

Date retrieved: 17 May 2021

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GL F VI 2.4.4 A situation in which it has to be checked whether the application from which priority is actually claimed is the "first application" within the meaning of Art. 87(1)

5 references found.

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