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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Convention on the Grant of European Patents (European Patent Convention)
Part VIII Impact on national law
Chapter II Revocation and prior rights
Article 139 Prior rights and rights arising on the same date
Article 139[155]
Prior rights and rights arising on the same date  
Art. 138, 140
R. 138
(1)
In any designated Contracting State a European patent application and a European patent shall have with regard to a national patent application and a national patent the same prior right effect as a national patent application and a national patent. 
(2)
A national patent application and a national patent in a Contracting State shall have with regard to a European patent designating that Contracting State the same prior right effect as if the European patent were a national patent. 
(3)
Any Contracting State may prescribe whether and on what terms an invention disclosed in both a European patent application or patent and a national application or patent having the same date of filing or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents. 
 
[155] See decisions of the Enlarged Board of Appeal G 1/03, G 2/03 (Annex I).
References
Art. 138, 140
R. 138