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ARTICLE · 26 OCTOBER 2023

G2/22 Is Good News For Patentees

Aera A/S
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A lot of people have commented on the recently issued decision in consolidated cases G 1/22 and G 2/22 from the Enlarged Board of Appeal of the European Patent Office (EBA).

DenmarkIntellectual Property
Henrik Skodt
Henrik Skodt
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A lot of people have commented on the recently issued decision in consolidated cases G 1/22 and G 2/22 from the Enlarged Board of Appeal of the European Patent Office (EBA). As reported elsewhere, the answers to these two questions:

  1. Does the EPC confer jurisdiction on the EPO to determine whether a party validly claims to be a successor in title as referred to in Article 87(1)(b) EPC?
  2. If question 1 is answered to the affirmative
    Can a party B validly rely on the priority right claimed in a PCT-application for the purpose of claiming priority rights under Article 87(1) EPC

in the case where

1) a PCT-application designates party A as applicant for the US only and party B as applicant for other designated States, including regional European patent protection and

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