SONN Patentanwälte – IP Attorneys

Burden of proof when claiming priority

If, during the application or opposition proceedings, the applicant or patent proprietor introduced some differences regarding the definition of a certain chemical compound in a claim with respect to the definition in the priority application, and, despite these differences,...

Referrals to the Enlarged Board of Appeal

Does the EPC confer jurisdiction on the EPO to determine whether a party validly claims to be a successor in title as referred to in Art 87 (1) (b) EPC?
If the above question is answered in the affirmative: Can a party B validly rely on the priority right claimed in a PCT application for the purpose...

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...

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...

EPO case law: Partial Priority and First Application

For reasons of consistency, the rationale of decision G 1/15 (concept of partial priority) must also apply in the context of deciding whether an application from which priority is claimed is the first application within the meaning of Article 87 (1) EPC. Indeed, just as a priority application...