3. Identity of invention
Overview
3. Identity of invention
In accordance with Art. 87 EPC a European patent application is only entitled to priority in respect of "the same invention" as was disclosed in the previous application. See also Art. 88(2) to (4) EPC.
- 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).