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Rebuttable Presumptions Priority Patent Claims

Fish & Richardson

EPO Enlarged Board of Appeal Raises Bar for Challenging Priority Claims at the EPO

Fish & Richardson on

Challenges to the validity of the “Patent Cooperation Treaty joint applicant” have been a problem for many applicants at the European Patent Office. On October 10, 2023, the EPO’s highest authority, the Enlarged Board of...more

Goodwin

Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office

Goodwin on

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more

MoFo Life Sciences

Retaining Your Patent Priority Date In Europe: Formal Priority Given A Rebuttable Presumption In Favor Of Applicant/Patentee

MoFo Life Sciences on

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a groundbreaking decision that reflects a major change in how formal priority is assessed at the EPO during examination and in...more

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