1.1. Principles of interpretation of the Vienna Convention
Overview
1.1. Principles of interpretation of the Vienna Convention
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It is established in the jurisprudence that the principles of interpretation provided for in Art. 31 and 32 Vienna Convention are to be applied when interpreting the EPC. Decisions and opinions given by national courts in interpreting the law may also be taken into consideration (G 2/12, G 2/13). These principles have been acknowledged and applied by the Enlarged Board and the boards of appeal alike (G 1/83; G 5/83; G 2/02 and G 3/02, OJ 2004, 483; G 2/08 date: 2010-02-19, OJ 2010, 456; G 3/14, OJ 2015, A102; G 1/16, OJ 2018, A70; J 10/98, OJ 2003, 184; T 128/82, OJ 1984, 164; T 1173/97, OJ 1999, 609).
- G 4/19
1. A European patent application can be refused under Articles 97(2) and 125 EPC if it claims the same subject-matter as a European patent which has been granted to the same applicant and does not form part of the state of the art pursuant to Article 54(2) and (3) EPC.
2. The application can be refused on that legal basis, irrespective of whether it a) was filed on the same date as, or b) is an earlier application or a divisional application (Article 76(1) EPC) in respect of, or c) claims the same priority (Article 88 EPC) as the European patent application leading to the European patent already granted.
- J 12/18
Under Article 76(2) EPC only those Contracting States that had been designated in the earlier application at time of filing the divisional can be designated in the divisional. A designated state forfeited in the parent application at time of filing the divisional cannot be revived in the divisional one.