2.4 Some examples of determining priority dates
EP claims priority of P1 and P2, D is the disclosure of A+B.
1.1.90 |
1.2.90 |
1.3.90 |
1.6.90 |
Filing |
Publication |
Filing |
Filing |
P1 |
D |
P2 |
EP |
A + B |
A + B |
A + B + C |
claim 1: A + B |
claim 2: A + B + C |
Claim 1 has a valid priority of P1 for its subject-matter, thus publication D is not state of the art under Art. 54(2) against this claim. Claim 2 cannot benefit from the priority of P1, as it does not concern the same subject-matter. Thus publication D is state of the art under Art. 54(2) for this claim (see G 3/93). It is immaterial whether claim 2 is in the form of a dependent or an independent claim.