EPO Hints At Accepting The ‘PCT Joint Applicants' Approach For Priority

The EPO's Enlarged Board of Appeal has issued a communication hinting that it is likely to endorse the so-called PCT joint applicants approach to priority. This should come as a relief to those with pre-AIA US priority applications. It also suggests a slightly more permissive view on priority entitlement, which could be favourable for patentees and applicants in a wider range of situations.

BACKGROUND

In recent years, entitlement to priority has been a hot topic at the EPO. Although basic priority requirements in most territories arise from the Paris Convention, the EPO's strict interpretation and application of these requirements can come as a surprise to those in other countries.