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ARTICLE · 25 OCTOBER 2022

EPO Introduces Systematic Top-up Search For Earlier National Rights

Boult Wade Tennant LLP
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As of 1 September 2022, the EPO are providing a new, free of charge, service that involves carrying out a top-up search to find earlier national rights and assess their relevance...

United KingdomIntellectual Property
Jade Watt
Jade Watt
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As of 1 September 2022, the EPO are providing a new, free of charge, service that involves carrying out a top-up search to find earlier national rights and assess their relevance before a European patent application grants.

What is an earlier national right?

The term “earlier national right” is used specifically to refer to a national patent application (e.g., a German patent application) that was filed before, but published after, the filing date (or priority date, if relevant) of a European patent application.

European patents applications (and international ‘PCT' applications that have entered Europe) that were filed before, but published after, the filing/priority date of the European application in question are citable against the application in question for novelty only (and not for inventive step).

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