5. Partial and multiple priorities
Overview
5. Partial and multiple priorities
In cases where partial or multiple priorities can be validly claimed, the subject-matters of the subsequent application have two or more operative priority dates. In the case of a partial priority that part of the subsequent application's subject-matters disclosed in the previous application has the priority date of the previous application; for the remaining part the date of filing of the subsequent application applies. With multiple priorities, the priority of two or more previous applications is claimed. In this case, claims in the subsequent application have the priority date of the previous application in which the subject-matter subsequently claimed was disclosed (see also chapter II.D.5.2. below). Multiple priorities may be claimed for any one claim (Art. 88(2), second sentence, EPC), as long as several subject-matters are included (see also chapter II.D.5.3. below, and summary of G 1/15, OJ 2017, A82, in chapter II.D.5.3.2).
- T 1946/21
Catchword:
1. For the question of whether the applicant is "successor in title" within the meaning of Article 87(1) EPC, it is sufficient for the applicant or patent proprietor to demonstrate that the assignment of the priority right was effective before the subsequent application was filed. The law does not set forth any other condition. In particular, the assignment need not be effective before the filing date of the subsequent application. (see point 2.3). 2. In the context of in-person oral proceedings, a request of a party for a hybrid format to allow the representatives to attend the hearing in person and other attendees to attend remotely should normally be granted only if the participation of the person for whom the access by means of videoconferencing technology has been requested is related to a person whose participation in the oral proceedings is relevant to the case, in particular to the decision to be taken at the oral proceedings (see point 1.).
- T 88/21
Catchword:
In view of the principles of multiple priorities and partial priority: undisclosed disclaimer based on a disclosure in an earlier application by the same applicant not allowed.
- 2023 compilation “Abstracts of decisions”