IP Quick Tip: Double Patenting In Europe (Video)

Get informed about the Unitary Patent and the Unified Patent Court: https://www.bardehle.com/en/upc-special

Most European jurisdictions, including Germany, have prohibited double patenting for a long time. This means granting one applicant two patents with identical claims. Also, the EPO's Enlarged Board of Appeal held in its decision G 4/19 that an applicant has no legitimate interest in obtaining two European patents for identical subject-matter.

However, this does not mean that an applicant cannot be granted two patents for one invention in Europe. Also, with the upcoming UPC, it is time to revisit strategies on double patenting:

Firstly, the EPO's ban on double patenting only applies to applications that have identical claims. There is no obstacle that prevents an applicant from seeking two claim sets for one invention. A typical example might be obtaining a first patent with narrow claims, and then following up with a divisional application with