2.6.2 No agreement can be implied

According to the Enlarged Board in G 1/22 and G 2/22, no agreement can be implied in the situation underlying T 844/18 because an agreement (regardless its form) can only be held against parties who were involved in the facts establishing the agreement. Co-applicants for the priority application who were not involved in the subsequent application may not be deemed to have consented to the reliance on the priority right by the other co-applicants. However, the subsequent applicant may still be entitled to claim priority since the rebuttable presumption of entitlement does not depend on whether the involved applicants acted as co-applicants at any stage (G 1/22 and G 2/22, point 128 of the Reasons, see also in this chapter II.D.2.5.5).