2. Right of priority of the applicant or its successor in title
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  8. 2.5. Joint applicants for the subsequent application
  9. 2.5.2 "Joint applicants" approach
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2.5. Joint applicants for the subsequent application

Overview

2.5.2 "Joint applicants" approach

The "joint applicants" approach concerns, in the most simple case, the situation where a party A is applicant for the priority application and parties A and B are applicants for the subsequent application, for which the priority is claimed. In this situation, party B can benefit from the priority right to which its co-applicant A is entitled; a separate transfer of the priority right to party B is not needed according to this approach. This approach has been acknowledged by the boards for regular European patent applications (G 1/22 and G 2/22, OJ 2024, A50, points 10 and 118 of the Reasons, citing T 1933/12 and the referring decision; see also in this chapter II.D.5.2).

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