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Guidelines for Examination

 
 

2.4.2 Intermediate publication of another European application

P1 is the application from which priority is claimed by EP1, P2 the one from which EP2 claims priority. EP1 and EP2 are filed by different applicants.

1.2.89

1.1.90

1.2.90

1.8.90

1.1.91

filing

filing

filing

publication

filing

P1

P2

EP1

EP1

EP2

A + B

A + B

A + B

A + B

A + B

EP1 is state of the art under Art. 54(3) if the respective priority claims of P1 and P2 are valid. This does not change if the publication of EP1 takes place after the filing date of EP2. The publication of EP1 is state of the art under Art. 54(2) if the priority claim of P2 is not valid.