SONN Patentanwälte – IP Attorneys

Examination of priority claims is independent of national law

(i) The Board of Appeal is empowered to and must assess the validity of a priority right claim as required by Art 87 (1) EPC; (ii) the BoA’s interpretation of the expression “any person” in Art 87 (1) EPC confirms the long-established “same applicants approach” according to which the applicants of a first application can only confer the right of priority jointly; and (iii) the national law applicable to the applicants does not govern who is "any person"; rather, this is determined by the Paris Convention (EPO Board of Appeal 16/01/2020, T 844/18).