ARTICLE · 31 OCTOBER 2023

European Patent Office Makes Major Changes In Priority Entitlement

Cooley LLP

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The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO.

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The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO. The decision represents a significant break from the previous practice of the EPO and seems to adopt a much more 'pro-applicant/patentee' approach when assessing these rights and their effects on European patents and patent applications. In particular, the onus on the applicant to demonstrate their right to claim priority has been greatly reduced, with the threshold for opponents attacking this right in opposition proceedings now significantly higher.

The two key questions answered by the Enlarged Board of Appeal are:

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