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Institute of Professional Representatives before the European Patent Office

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Title: decisions G1/22 and G2/22 are out

October 10, 2023

The Enlarged Board of Appeal (EBA) today issued its decision in consolidated cases G 1/22 and G 2/22.
In a nutshell, the EBA held that the European Patent Office is competent to assess whether a party is entitled to claim priority under Article 87(1) EPC, and that there is a rebuttable presumption under the autonomous law of the EPC that the applicant claiming priority in accordance with Article 88(1) EPC and the corresponding Implementing Regulations is entitled to claim priority.
The press release from the EPO can be found here.
A detailed analysis of the decision will follow in due course.

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