2.4.4 No restriction on who can challenge priority entitlement

In G 1/22 and G 2/22 the Enlarged Board noted that in the EPC there are no restrictions on who can file an opposition. If the EPO is competent to assess all aspects of priority together with all patentability requirements ex officio in examination proceedings or on the request of an opponent, the EPO cannot refuse to assess a priority entitlement objection based on who raised the objection. The rebuttable presumption concerning priority entitlement, however, substantially limits the possibility of third parties, including opponents, to successfully challenge priority entitlement (G 1/22 and G 2/22, point 117 of the Reasons).