2.4 Some examples of determining priority dates
2.4.3 Multiple priorities claimed for different inventions in the application with an intermediate publication of one of the inventions
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.