ARTICLE
1 November 2023

Priority Entitlement In Europe: Best Practice Following Enlarged Board Of Appeal Decision G 1/22 + G 2/22

JA
J A Kemp LLP

Contributor

J A Kemp is a leading firm of European Patent and Trade Mark Attorneys. We combine independent thinking with collective excellence in all that we do. The technical and legal knowledge that we apply to the protection of our clients’ patents is outstanding in its breadth and depth. With around 100 science and technology graduates in the firm, including 50 PhDs, no area of science or technology is outside our scope. Our Patent Attorneys have collective in-depth expertise in patent law and procedure in every country of the world. The team of professionals who advise our clients on trade mark and design matters have backgrounds in major international law firms and hold qualifications as Chartered UK Trade Mark Attorneys, Solicitors and European Trade Mark Professional Representatives. Dedicated to this specialist area of intellectual property protection, the team has the expertise and resources to protect trade marks and designs in any market worldwide.
The recent Enlarged Board of Appeal decisions G1/22 and G2/22 on priority entitlement provide a good opportunity to review this complex issue.
United Kingdom Litigation, Mediation & Arbitration

The recent Enlarged Board of Appeal decisions G1/22 and G2/22 on priority entitlement provide a good opportunity to review this complex issue.

Join us for a review of priority entitlement at the EPO. We will cover:

  • An outline of G1/22 and G2/22 and consideration of what that means for assessing whether a new applicant is a "successor in title" of the applicant for the priority application.
  • Considerations of circumstances where EPO tribunals might still query the transfer of the right to claim priority despite the welcome liberalisation brought by G1/22 and G2/22.
  • Reminder of how the EPO assesses the subject matter disclosed in the priority application, and tips on best practice for claiming priority at the EPO.

To view the video please click here.

J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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