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The European Patent Convention

 
 

Article 139[ 167 ]
Prior rights and rights arising on the same date

(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. 
 
See decisions of the Enlarged Board of Appeal G 1/03, G 2/03 (Annex I).
References

Art. 138, 140
R. 138