2.7.2 National laws considered

Prior to G 1/22 and G 2/22, national law was consistently applied to the succession in title addressed in Art. 87(1) EPC. In G 1/22 and G 2/22, however, the Enlarged Board held that the entitlement to claim priority (and any assignments of priority rights) should be assessed under the autonomous law of the EPC (see in this chapter II.D.2.3). The Enlarged Board also noted that it cannot be excluded that in the context of the rebuttal of the presumption of entitlement to priority, national laws need to be considered as well (see in this chapter II.D.2.4.1). It follows that some of the decisions in this section are now of limited application.