D. Priority
Overview
D. Priority
2.Applications giving rise to a right of priority
3.Identity of invention
4.First application in respect of the invention
5.Partial and multiple priorities
- T 88/21
Catchword:
In view of the principles of multiple priorities and partial priority: undisclosed disclaimer based on a disclosure in an earlier application by the same applicant not allowed.
- T 1303/18
Catchword:
If the patent proprietor introduces various differences between the definition of a certain compound in a granted claim and that in the priority application and if despite these differences, the patent proprietor, in arguing that the effective date of the subject-matter of the granted claim is the claimed priority date, asserts that the compound of the granted claim is the same as that disclosed in the priority application, it is the patent proprietor who bears the burden of proving this assertion (point 2.13 of the reasons).
- Annual report: case law 2022
- Summaries of decisions in the language of the proceedings