CLR II D 5.1 Publications during the priority interval – effect on elements of the European patent application not entitled to priority

As noted by the EPO President in the reasons for the referral in G 3/93 (OJ 1995, 18), on the one hand, it frequently occurs that in subsequent filings new elements and information are added in respect of prior applications of the same applicant and, on the other hand, inventors are often eager to publish the results of their research as soon as possible.

In principle, only the first application filed in a state party to the Paris Convention or a member of the WTO can form the basis of a priority right. In the EPC this is made clear in Art. 87(1) and (4) EPC.

CLR II D 3.2 Claiming in the subsequent application the invention disclosed in the previous application

The features of the invention disclosed in the priority application must also characterise the invention claimed in the subsequent application.

In T 1050/92 the disclosure of the invention in the earlier application provided an adequate basis for replacing the term "Flüssigkeitsabscheidezyklon" used in said application with the more general one "Luft/Flüssigkeits-Trenneinrichtung" in claim 1 of the European application.

CLR II D 3.1.9 Inventions relating to nucleotide and amino acid sequences

CLR II D 3.1.8 Selection from generic disclosure

A generic disclosure implicitly encompassing two or more alternative embodiments cannot generally give rise to a right of priority in respect of one specific embodiment that is neither explicitly nor implicitly disclosed (T 61/85; also T 30/01 below).

CLR II D 3.1.7 Error margins and definitions of limits

CLR II D 3.1.6 Enabling disclosure in the priority document

The decisions below highlight that the priority document must disclose the invention claimed in the subsequent application in such a way that it can be carried out by a person skilled in the art.

CLR II D 5.1 Publications during the priority interval – effect on elements of the European patent application not entitled to priority

CLR II D 5 Partial and multiple priorities

CLR II D 4.2 Identity of applicant

CLR II D 4.1 Identity of invention

CLR II D 4 First application in respect of the invention

CLR II D 3.2 Claiming in the subsequent application the invention disclosed in the previous application

CLR II D 3.1.9 Inventions relating to nucleotide and amino acid sequences

CLR II D 3.1.8 Selection from generic disclosure

CLR II D 3.1.7 Error margins and definitions of limits

CLR II D 3.1.6 Enabling disclosure in the priority document

Pages

Browse

EPC

PCT

Error message

Pages

Search

Browse

EPC

PCT