G1/15: Partial Priority For A Generic Claim Less Limited By Clearly Defined Alternatives

On 1^st February 2017, the Enlarged Board of Appeal of the European Patent Office issued its long-awaited decision in case G1/15 clarifying that entitlement to partial priority is not to be refused where a claim encompasses alternative subject-matters, each having their own effective date, using one or more generic expressions.

The Enlarged Board of Appeal were responding to a referral in case T 0557/13 from the Technical Boards of Appeal which asked the question: "Where a claim of a European patent application or patent encompasses alternative subject-matters by virtue of one or more generic expressions or otherwise (generic "OR"-claim), may entitlement to partial priority be refused under the EPC for that claim in respect of alternative subject-matter disclosed (in an enabling manner) for the first time, directly, or at least implicitly, and unambiguously, in the priority document?"