2.4.2 Relevant time for presumption and rebuttal

Priority entitlement is not relevant before the priority is claimed by the subsequent applicant in accordance with R. 52 EPC, normally at the filing date of the subsequent application or otherwise within 16 months from the filing date of the priority application. Consequently, the presumption of entitlement exists on the date on which the priority is claimed and the rebuttal of the presumption must also relate to this date. Later developments cannot affect the rebuttable presumption (G 1/22 and G 2/22, point 109 of the Reasons).