SONN Patentanwälte – IP Attorneys

EPO case law: Transfer of partial priorities

In connection with generic "OR" claims within the meaning of the decision on partial priorities G 1/15, the right of a partial priority can be transferred independently of the generic priority right. However, such a transfer implies that the remaining generic priority right is limited. The applicant of the first application cannot transfer such a partial priority right and at the same time claim this partial priority in the context of the generic priority (EPO BoA 5 June 2019, T 969/14).