CLR II D 2.2.2 Applicable law – proof of transfer

In T 1201/14 the board observed with regard to the formal requirements for the transfer of the right of priority that, as the EPC contained neither guidance nor conflict-of-law provisions for that purpose, national law was commonly relied upon by the departments of the EPO entrusted with the procedure. The board also acknowledged that there was no established jurisprudence of the boards as to the national law generally applicable to this question.

CLR II D 2.1 Application filed in or for a state which is party to the Paris Convention or a member of the WTO

Under the EPC 2000 Art. 87(1) EPC was amended to align it with Art. 2 TRIPS, which requires that priority rights also be extended to first filings made in or for any member of the World Trade Organization (WTO) (OJ SE 4/2007, 88). The revised provision governs applications filed on or after 13 December 2007.

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